THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

PRESENTED  BY 

PROF.  CHARLES  A.  KOFOID  AND 
MRS.  PRUDENCE  W.  KOFOID 


[  No.  24.  ]"• 
AN  ACT  to  prevent  the  adulteration  of  food  or  drugs. 

[Chapter  407,  Laws  of  1881.] 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly p, 
do  enact  as  follows  : 

SECTION  i'.  No  person  shall,  within  this  state,  manufacture,  have,  offer 
for  sole,  «>r  sell  any  article  of  food  or  drugs  which  is  adulterated  within  the 
meaning  of  this  act,  and  any  person  violating  this  provision  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  punished  by 
fine  not  exceeding  fifty  dollars  for  the  first  offence,  and  not  exceeding  one 
hundred  dollars  for  each  subsequent  offence. 

§  2.  The  term  "  food,"  as  used  in  this  act,  shall  include  every  article  used 
for  food  or  drink  by  man.  The  term  "  drug,"  as  usetl  in  this  act,  shall 
include  all  medicines  for  internal  and  external  use. 

§  3.  An  article  shall  be  deemed  to  be  adultera:ed  within  the  meaning  of 
this  act  — 

a. —  In  the  case  of  drugs. 

1.  If,  when   sold   under   or  by  a  name  recogn:zcd  in  the  United  States 
Pharmacopoeia,  it  differs   from  the   standard  of  s:rength,  quality,  or  purity 
laid  down -therein. 

2.  If,  when  sold  under  or  by  a  name  not  recognized  in  the  United  States 
Pharmacopoeia,  but  which  is  found  in  some  other  pharamacopoeia  or  other 
standard  work  on  Materia  Medica,  it  differs  materially  from  the  standard  of 
strength,  quality,  or  purity  laid  down  in  such  work. 

3.  If  its  strength  or  purity  fall  below  the  professed  standard  under  which 
it  is  sold. 

b.  —  In  the  case  of  food  or  drink. 

1.  If  any   substance   or  substances  has  or  have  been  mixed  with  it  so  as 
to  reduce  or  lower  or  injuriously  affect  its  quality  or  strength. 

2.  If  any  inferior   or  cheaper  substance  or  substances  have  been  substi- 
tuted wholly  or  in  part  for  the  article. 

3.  If  any  valuable   constitutent  of  the  article  has  been  wholly  or  in  part 
abstracted. 

4.  If  it  be  an  imitation  of,  or  be  sold  under  the  name  of,  another  article. 

5.  If  it  consists  wholly  or  in  part  of  a  deceased  or  decomposed,  or  putrid 
or  rotten,  animal  or  vegetable  substance,  whether  manufactured  or  not,  or, 
in  the  case  of  milk,  if  it  is  the  produce  of  a  diseased  animal. 

6.  If  it  be    colored,    or   coated,    or   polished,    or   powdered,    whereby 
damage  is  concealed,  or  it  is  made   to  appear  better  than  it  really  is,  or  of 
greater  value. . 

7.  If  it  contained  any  added  poisonous  ingredient,  or  any  ingredient 
which  may  render  such  article  injurious  to  the  health  of  a  person  consum- 
ing it :     Provided,  that  the  state  board  of  health  may,  with  the  approval  of 
the  governor,  from  time  to  time  declare  certain   articles  or  preparations  to 
be   exempt  from   the   provisions  of  this   act :     And  provided  further,  that 
the  provisions  of  this  act  shall  not  apply  to  mixtures  or  compounds  recog- 
nized as  ordinary  articles  of  food,  provided  that  the  same  are  not  injurious 
to  health  and  that  the  articles  are  distinctly  labelled  as  a  mixture,  stating 
the  components  of  the  mixture. 

§  4.  It  shall  be  the  duty  of  the  state  board  of  health  to  prepare  and  pub- 
lish from  time  to  time,  lists  of  the  articles  mixtures  or  compounds  declared 


to  be  exempt  from  the  provisions  of  this  act  in  accordance  with  the  pre- 
ceding section.  The  state  board  of  health  shall  also  from  time  to  time  fix 
the  limits  of  variability  permissable  in  any  article  of  food  or  drug,  or  com- 
pound, the  standard  of  which  is  not  established  by  any  national  pharmaco- 
poeia. 

§  5.  The  state  board  of  health  shall  take  cognizance  of  the  interests  of 
the  public  health  as  it  relates  to  the  sale  of  food  and  drugs  and  the  adulte- 
ration of  the  same,  and  make  all  necessary  investigations  and  inquiries 
relating  thereto.  It  shall  also  have  the  supervision  of  the  appointment  of 
public  analysts  and  chemists,  and  upon  its  recommendation  whenever  it 
shall  deem  any  such  officers  incompetent,  the  appointment  of  any  and 
every  such  officer  shall  be  revoked  and  be  held  to  be  void  and  of  no  effect. 
Within  thirty  days  after  the  passage  of  this  act,  the  state  board  of  health 
shall  meet  and  adopt  such  measures  as  may  seem  necessary  to  facilitate  the 
enforcement  of  this  act,  and  prepare  rules  and  regulations  with  regard  to 
the  proper  methods  of  collecting  and  examining  articles  of  food  or  drugs, 
and  for  the  appointment  of  the  necessary  inspectors  and  analysts ;  and  the 
state  board  of  health  shall  be  authorized  to  expend,  in  addition  to  all  sums 
already  appropriated  for  said  board,  an  amount  not  exceeding  ten  thousand 
dollars  for  the  purpose  of  carrying  out  the  provisions  of  this  act.  And  the 
sum  of  ten  thousand  dollars  is  hereby  appropriated  out  of  any  moneys  in 
the  treasury,  not  otherwise  appropriated,  for  the  purposes  in  this  section 
provided 

§  6.  Every  person  selling  or  offering  or  exposing  any  article  of  food  or 
drugs  for  sale,  or  delivering  any  article  to  purchasers,  shall  be  bound  to 
serve  or  supply  any  public  analyst  or  other  agent  of  the  state  or  local  board 
of  health  appointed  under  this  act,  who  shall  apply  to  him  for  that  purpose, 
and  on  his  tendering  the  value  of  the  same,  with  a  sample  sufficient  for  the 
purpose  of  analysis  of  any  article  which  is  included  in  this  act,  and  which 
is  in  the  possession  of  the  person  selling,  under  a  penalty  not  exceeding 
fifty  dollars  for  a  first  offense,  and  one  hundred  dollars  for  a  second  and 
subsequent  offenses. 

§  7.  Any  violation  of  the  provisions  of  this  act  shall  be  treated  and  pun- 
ished as  a  misdemeanor ;  and  whoever  shall  impede,  obstruct,  hinder,  or 
otherwise  prevent  any  analyst,  inspector  or  prosecuting  officer  in  the  per- 
formance of  his  duty  shall  be  guilty  of  a  misdemeanor,  and  shall  be  liable 
to  indictment  and  punishment  therefor. 

§  8.  Any  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  act 
are  hereby  repealed. 

§  9.  All  the  regulations  and  declarations  of  the  state  board  of  health 
made  under  this  act,  from  time  to  time  and  promulgated,  shall  be  printed 
in  the  statutes  at  large. 

§  10.  This  act  shall  take  effect  at  the  expiration  of  ninety  days  after  it 
shall  become  a  law. 

STATE  OF  NEW  YORK,  ) 

OFFICE  OF  THE  SECRETARY  OF  STATE,  ys' 

I  have  compared  the  preceding  with  the  original  law  on  file  in  this  office,  and  do  hereby 

certify  that  the  same  is  a  correct  transcript  therefrom,  and  of  the  whole  of  said  original  law. 

Given  under  my  hand  and  the  seal  of  office  of  the  Secretary  of  State,   at 

[SEAL.]  the  city  of  Albany,  this  8th  day  of  June,  in  the  year  one  thousand  eight 

.  hundred  and  eighty-one. 

AN  SON  S.  WOOD, 

Dep.  Secretary  of  State. 


In  the  Court  of  General  Sessions  in  and  for  the 

City  and  County  of  New  York,  at  the 

December  Term,  1876. 


HON.  JOSIAH  SUTHERLAND, 

Presiding. 


THE  PEOPLE 


DANIEL  SCHRUMPF. 


MISDEMEANOR. 


VS. 

ADULTERATION  OF  MILK. 


RECORD, 

TESTIMONY  AND  PROCEEDINGS 


W.  P.  PRENTICE,  Counsel  to  the  Board 
of  Health,  and  G.  S.  HASTINGS, 

Of  Counsel  for  the  People. 

LAWRENCE  &  WAEHNER, 

Counsel  for  Defendant  SCHBUMPP. 


NEW   YORK: 

MARTIN    B.    BROWN,    PRINTER    AND    STATIONER, 

Nos.  49  AND  51  PARK  PLACE. 

1881. 


s'f 


CONTENTS. 


TESTIMONY  OF  WITNESSES. 

Witnesses  Examined  for  the  Prosecution,  in  Favor  of  t"he  Board  of 

Health   Tests. 

Pages. 

WILLIAM  A.  WALL,  Office  of  the  City  Eecord 8 

CASPAR  GOLDERMAN,  Health  Department 10 

DR.  JOHN  B.  WHITE,  Sanitary  Inspector 13 

PROF.  C.  F.  CHANDLER,  Columbia  College - 36,  60,  254 

PROF.  C.  A.  GOESSMANN,  Mass.  Agricultural  College 53 

PROF.  G.  C.  CALDWELL,  Cornell  University 88 

THOMAS  H.  DOUGHTY,  Manager  of  the  Essex  County  Farmers' 

Milk  Association 94 

PROF.  HENRY  MORTON,  Stevens'  Institute 97 

PROF.  BENJAMIN  SILLIMAN,  Yale  College 113 

ELWYN  WALLER,  PH.  D.,  Chemist  to  the  Health  Department .  130, 239 

HENRY  A.  MOTT,  JR.,  PH.  D.,  New  York 134 

HERMAN  ENDEMANN,  PH.  D.,  Health  Department 140 

JAMES  C.  JEPSON,  Sanitary  Policeman  and  Milk  Inspector . .   143 

JOSEPH  A.  GARDNER,  Sanitary  Policeman  and  Milk  Inspector. . .  146 

JOHN  E.  YALE,  Health  Department 148 

DR.  J.  T.  O'CONNOR,  Sanitary  Inspector 150,  247,  259 

PROF.  G.  F.  BARKER,  University  of  Pennsylvania 207 

Witnesses  Examined  for  the  Defense,  Opposed  to  the  Board  of 
Health   Tests. 

THOMAS  C.  DOREMUS,  Jr.,  New  York 164,  215,  257 

PROF.  E.  O.  DOREMUS,  College  of  the  City  of  New  York 176 

H.  W.  VAUGHN,  Milk  Inspector,  Providence,  E.  1 210 

DR.  C.  A.  DOREMUS,  New  York 220,  256 

A.  S.CASPAR..  .  220 


DANIEL  SCHRUMPF,  Defendant,  Milk  Dealer 233 

JACOB  SCHRUMPF,  Son  of  Defendant 235 

JOHN  H.  COMER,  Accountant  and  Practical  Farmer 235 

Motion  for  Acquittal 259 

THE  JUDGE'S  CHARGE 261 

Verdict 268 

Sentence 269 

Papers  on  Appeal 271 

Judgment  Confirmed 276 

APPENDIX. 

The  Lactometer 277 

Report  of  Doctors  WALLER  and  O' CONNOR  on  the  cows  of  the 

Mulford  Farm..  .  280 


1 

THE   PEOPLE    AGAINST   SCHRUMPF. 


NOTE. 

The  great  importance  of  the  testimony  in  the  case  of  The 
People  vs.  Daniel  Schrumpf,  tried  at  a  Court  of  General  Ses- 
sions held  in  and  for  the  City  and  County  of  New  York  at 
the  December  Term,  1876,  and  the  great  interest  constantly 
manifested  in  the  determination  of  the  value  of  the  lactometer 
and  of  the  practical  tests  used  by  the  Board  of  Health  in 
the  detection  of  the  adulteration  of  milk  in  the  City  of  New 
York,  have  led  to  the  reproduction  in  this  form  of  the  Judg- 
ment Record  and  of  the  evidence  from  the  official  minutes. 


CITY   AND    COUNTY    OF    NEW    YORK. 


THE  PEOPLE 


Indictment — Misdemeanor, 
DANIEL  SCHBUMPF. 


vs'  Adulteration  of  Milk. 


Before  Judge  SUTHERLAND  and  a  jury,  December  15,  1876. 

W.  P.  PRENTICE  and  GEORGE  S.  HASTINGS,  Counsel  for  the 
People  ;  Lawrence  &  Waehner,  Counsel  for  Defendants. 

The  jury  was  sworn,  and  Assistant  District  Attorney  ROLLINS  in 
opening  the  case  said  that  a  conviction  would  be  claimed  upon  the 
186th  section  of  the  Sanitary  Code. 

Mr.  WAEHNER — Inasmuch  as  Mr.  Rollins  has  stated  that  he 
claimed  a  conviction  upon  the  186th  section  of  the  Sanitary  Code. 
I  would  say  that  the  indictment  charges  two  distinct  statutory 
offenses,  one  being  the  violation  of  the  act  of  1864  and  the  other 
being  the  violation  of  the  Sanitary  Code  ;  it  seems  therefore  that 
this  indictment  as  far  as  the  form  of  it  is  concerned,  not  alleging 
the  further  step  of  the  finding  by  the  grand  jury  upon  the  second 
count — the  paragraph,  which  is  not,  in  fact,  a  count,  and  defective 
for  that  reason,  I  move  to  quash  the  indictment  upon  the  ground 
that  it  is  but  a  single  count,  charging  two  distinct  statutory  offenses. 

Mr.  ROLLINS — It  is  distinctly  announced  as  a  second  count. 


8  TESTIMONY  OF  WILLIAM  A.   WALL. 

The  COURT — Probably  both  counts  refer  to  the  same  transaction. 
It  is  not  a  ground  for  quashing  the  indictment. 

Mr.  WAEHNEB — I  ask  that  they  be  put  to  their  election  upon 
which  count  of  that  indictment  they  will  proceed. 

The  COURT — I  won't  now.  Wait  till  the  evidence  is  through  and 
we  will  see  about  that.  I  deny  your  motion  to  call  upon  them  to 
elect,  and  I  deny  your  motion  to  quash. 

Mr.  WAEHNER — I  except  to  each  of  the  refusals  ;  I  move  to  dis- 
miss this  matter  or  to  quash  this  indictment  upon  the  ground  that 
the  indictment  as  far  as  the  second  count  is  concerned  does  not 
state  an  offense ;  that  all  the  statutory  prerequisites  to  constitute 
an  offense  against  what  is  called  in  that  indictment  the  Sanitary 
Code  of  the  act  of  1866,  under  which  the  Board  of  Health  of  the 
City  of  New  York  was  first  organized,  empowered  that  Board  to 
pass  certain  ordinances,  rules,  and  regulations  for  the  government 
of  the  health  of  the  City  of  New  York  ;  that  under  that  act  they 
were  obliged  to  publish  those  ordinances  for  a  specified  time  before 
those  ordinances  could  go  into  any  effect.  I  refer  to  the  case  of 
the  People  vs.  Reed,  1  Parker's  Criminal  Reports,  page  481. 

The  COURT — I  deny  your  motion. 
Mr.  WAEHNER — Note  an  exception. 

Mr.  PRENTICE  opened  the  case  for  the  prosecution. 

/ 
WILLIAM  A.  WALL,  sworn  and  examined,  testifies  as  follows  : 

Q.  Mr.  Wall,  you  are  connected  with  the  office  of  the  City 
Record,  are  you  not  ?  A.  Yes,  sir. 

Q.  The  official  journal  of  the  city  of  New  York  ?  A.  Yes, 
sir. 

Q.  How  long  have  you  been  connected  with  that  office  ?  A.  Since 
June  7,  1873. 

Q.  Have  you  with  you  a  file  of  the  City  Record,  representing  the 
daily  issues  of  that  paper  during  the  months  of  February  and  March 
last  ?  A.  Yes,  sir ;  I  have  it  here. 


TESTIMONY  OF  WILLIAM  A.   WALL.  9 

Q.  I  show  you  the  section  under  which  this  indictment  is  drawn 
and  ask  you  if  you  find  that  section  in  the  issues  of  the  City  Record 
on  that  page  ? 

(Objected  to  on  the  ground  that  it  is  irrelevant  and  immaterial ; 
objection  overruled ;  exception.) 

A.  Yes,  sir. 

Q.  State  when  you  find  that  first  publication. 

(Objected  to  ;  objection  overruled  ;  exception.) 

A.  I  find  that  published  the  first  time  February  24,  1876. 

Q.  Published  in  the  City  Record,  was  it,  of  that  date  ?  A.  Yes, 
sir. 

Q.  State  how  long  it  was  published  ? 

(Objected  to  ;  objection  overruled  ;  exception.) 

A.  Ten  days. 

Q.  By  the  COURT — Successively  ?     A.  Yes,  sir. 

By  Mr.  PRENTICE — The  first  publication  was  on  the  24th  of  Feb- 
ruary? A.  Yes,  sir. 

Q.  It  was  published  throughout  that  week,  was  it,  each  day 
except  Sunday  ?  A.  Yes,  sir  ;  except  Sunday. 

Q.  On  the  following  week  each  day  except  Sunday  for  a  period 
of  ten  consecutive  days  ?  A.  Yes,  sir. 

Q.  That  ordinance  is  the  ordinance  I  have  read  to  the  jury,  was 
it?  A.  Yes,  sir. 

Mr.  HASTINGS — We  offer  in  evidence  these  two  numbers,  one  in 
the  first  week  and  the  other  in  the  succeeding  week  which  contains 
the  ordinance  in  the  City  Record.  We  shall  then  follow  it  up  with 
proof  of  the  ordinance  itself  under  the  statute. 

(Objected  to  on  the  ground  that  it  is  incompetent  and  im- 
material ;  objection  overruled  ;  exception.) 

Cross-examined : 

t 

Q.  The  first  publication  you  say  was  on  February  24th  ?  A. 
Yes,  sir. 

Q.  Was  it  published  the  next  day  ?     A.  It  was. 

Q.  And  for  how  many  days  succeeding  the  24th  in  all?  A.  I 
find  it  running  along  until  March  3d,  including  March  3  ;  there  is 
a  Sunday  intervenes  ;  the  paper  is  not  published  that  day,  but  all 
week  days  up  to  and  including  March  3. 


10  TESTIMONY  OF  CASPAR  GOLDERMAN. 

Q.  And  that  is  the  only  publication  there  is  of  that  ordinance 
in  that  paper  ?  A.  Yes,  sir. 

Mr.  PRENTICE — Now  we  offer  in  evidence  a  copy  of  that  ordi- 
nance with  a  copy  of  the  certificate  of  the  Board  of  Health,  authen- 
ticating and  certifying  the  foregoing.  It  was  passed  February  23, 
1876,  and  has  the  seal  of  the  Health  Department  attached ;  said 
certificate  being  given  under  section  12,  chap.  636,  of  the  Laws  of 
1874  (Marked  People's  Exhibit  A). 

(Objected  to  on  the  ground  that  it  is  incompetent  and  immaterial ; 
objection  overruled ;  exception.) 

DEFENDANT'S  COUNSEL — I  will  admit  that  Emmons  Clark  is  and 
was  the  Secretary  at  the  time  of  this  authentication. 

Section  186  of  the  Sanitary  Code,  is  as  follows  : 

"No  milk  which  has  been  watered,  adulterated,  reduced,  or 
changed  in  any  respect  by  the  addition  of  water  or  other  substance, 
or  by  the  removal  of  cream,  shall  be  brought  into,  held,  kept  or 
offered  for  sale  at  any  place  in  the  city  of  New  York,  nor  shall  any 
one  keep,  have  or  offer  for  sale  in  the  said  city  any  such  milk." 


TUESDAY,  December  10,  1876. 

CASPAR  GOLDERMAN,  sworn  and  examined,  testified  as  follows : 

Q.  Golderman,  you  are  an  assistanb  of  the  Secretary  of  the  Board 
of  Health,  are  you  not  ?  A.  Yes,  sir. 

Q.  And  were  upon  the  organization  of  the  Board  of  Health  in 
the  spring  and  summer  of  1873  ?  A.  Yes,  sir. 

Q.  At  that  time  who  was  the  Secretary  of  the  Board  of  Health? 
A.  Emmons  Clark. 

Q.  You  know  his  handwriting,  and  have  seen  him  write  fre- 
quently ?  A.  I  do. 

Q.  Look  at  his  signature  to  the  certificate  attached  to  the  ordi- 
nance numbered  section  186 ;  look  at  the  signature  attached  to  that 
paper,  Exhibit  A ;  in  whose  handwriting  is  that  ?  A.  That  is  the 
handwriting  of  Mr.  Hill,  a  clerk  in  the  secretary's  office. 

Q.  The  signature  is  what  ?  A.  The  signature  is  Emmons  Clark's, 
Secretary  of  the  Board  of  Health. 

Q.  Look,  if  you  please,  at  this  book  indorsed  "  Minutes  of  Board 


TESTIMONY  OF  CASPAR  GOLDERMAN.  11 

of  Health"  ;  is  that  book  in  your  charge,  and  has  it  been  in  your 
charge  since  1873  ?  A.  Yes,  sir. 

Q.  Is  it  an  original  book  of  minutes  of  the  proceedings  of  the 
Board  of  Health  ?  A.  It  is. 

Q.  During  June,  July,  and  other  months  of  1873  ?     A.  Yes,  sir. 

Q.  And  contains  a  full  record  of  all  the  proceedings  ? 

(Objected  to.) 

Q.  Look  at  that  part  of  the  book  included  from  pages  26  to  38  ? 
A.  I  have. 

Q.  Of  what  is  that  a  record? 

(Objected  to  until  that  book  is  properly  proven  to  be  a  record.) 

Q.  By  COUNSEL  FOR  THE  DEFENDANT — Is  that  book  in  your  hand- 
writing? A.  No,  sir. 

Q.  By  COUNSEL  FOR  THE  PEOPLE — Of  what  is  that  portion  included 
between  the  pages  named  a  record  ? 

(Objected  to  as  incompetent.) 

Q.  By  the  COURT — Whose  handwriting  is  it?  A.  Mr.  Hill,  a 
Clerk  of  the  Board. 

Q.  By  COUNSEL  FOR  THE  PEOPLE — Are  the  minutes  entered  in  that 
book  under  your  supervision  ? 

(Objected  to.) 

Q.  By  .the  COURT — Where  is  that  book  kept  ?  A.  In  the  office 
of  the  secretary  of  the  Board  of  Health. 

Q.  By  COUNSEL  FOR  THE  PEOPLE — In  whose  charge  ?  A.  In  my 
charge. 

Q.  By  the  COURT — You  are  the  secretary  ?     A.  His  assistant. 

Q.  By  COUNSEL  FOR  THE  DEFENDANT — Is  Mr.  Hill  alive  or  dead  ? 
A.  He  is  in  the  office  to-day. 

COUNSEL  FOR  THE  PEOPLE — We  have  offered  in  evidence  section 
186  of  the  Sanitary  Code.  I  deem  it  material  to  prove  what  that 
Sanitary  Code  was,  and  that  this  is  a  branch  of  it,  because  section  82 
of  the  law  of  1873  makes  it  a  -misdemeanor  to  violate  the  Sanitary 
Code.  We  have  proved  a  detached  section. 

The  COURT — You  want  to  prove  that  there  was  such  an  ordinance 
passed  ? 

Mr.  PRENTICE — Yes,  sir ;  we  propose  to  show  not  only  the  addi- 
tional ordinance,  but  the  code  to  which  this  refers. 

The  COURT — That  is  the  original  code  in  that  book  ? 


12  TESTIMONY  OF  CASPAR  GOLDERMAN. 

Mr.  PRENTICE — Yes,  sir;  we  will  submit  that  with  other  evidence. 

The  COURT — Proceed.  I  am  inclined  to  think  the  proof  sufficient 
to  show  that  there  was  an  original  ordinance  passed  by  the  Board 
of  Health. 

Mr.  PRENTICE — I  offer  in  evidence  that  portion  of  the  book  of 
minutes  of  the  Board  of  Health  marked  D,  embraced  between  pages 
26  and  38  inclusive,  and  certified  by  Emmons  Clark,  Secretary  of  the 
Board  of  Health. 

Q.  I  will  ask  him  to  look  at  the  signature  at  the  end  of  those 
minutes,  and  state  in  whose  handwriting  it  is  ?  WITNESS — The  sig- 
nature is  Emmons  Clark's,  the  Secretary  of  the  Board. 

By  the  COURT — Q.  And  was  at  the  time  ?  A.  At  the  time  and  is 
now. 

Q.  And  is  yet  ?     A.  And  is  yet. 

COUNSEL  FOR  DEFENDANT — I  object  to  the  introduction  of  this  in 
evidence  upon  the  ground  that  it  is  irrelevant  and  incompetent  as 
evidence  and  upon  the  specific  ground  that  there  is  no  allegation 
in  the  indictment  to  the  effect  that  these  Code  of  Health  ordin- 
ances were  ever  conformed  by  the  Board  which  went  into  office  in 
1873,  to  the  act  of  1873,  under  which  they  were  empowered  to  act 
as  Health  Commissioners. 

The  COURT — It  is  possible  you  ought  to  call  Mr.  Clark,  but  I 
think  it  is  sufficient.  Is  this  an  indictment  for  a  breach  of  the 
ordinance  thus  adopted  by  the  new  board,  or  is  it  an  indictment 
upon  an  additional  ordinance  ? 

COUNSEL  FOR  PEOPLE — It  is  pleaded  in  the  indictment  as  a  vio- 
lation of  the  Sanitary  Code,  bringing  it  within  the  language  of  sec- 
tion 82,  which  declares  that  any  violation  of  the  said  Code  shall  be 
treated  and  punished  as  a  misdemeanor.  It  is  proper  to  show  what 
the  Sanitary  Code  was. 

The  COURT — You  object  and  take  an  exception. 

COUNSEL  FOR  THE  PEOPLE — Q.  Look  at  the  signature  shown  in 
that  certificate  ;  do  you  recognize  it  ?  A.  I  do. 

Q.  "Whose  signature  is  it  ?     A.  Emmons  Clark's,  the  Secretary. 

COUNSEL  FOR  THE  PEOPLE — We  now  offer  in  evidence  that  portion 
of  the  book  included  between  pages  33  to  89,  with  the  authentication 
of  the  Secretary  of  the  board,  being  the  Sanitary  Code  so  certified. 

This  certificate  is  as  follows  :  "  I,  Emmons  Clark,  Secretary  of  the 


TESTIMONY  OF  JOHN  BLAKE  WHITE.  13 

Board  of  Health  of  the  Health  Department  of  the  City  of  New  York, 
do  hereby  certify  that  the  foregoing  printed  '  Sanitary  Code,' 
namely,  from  page  38  to  page  94,  both  inclusive,  is  a  true  copy  of 
the  original  ordinances  and  amendments  thereto,  on  file  in  my  office, 
and  the  whole  thereof,  and  are  now  in  full  force  and  effect,  and  en- 
titled to  full  credence  as  such  ordinances  and  amendments  and  were 
duly  adopted  and  confirmed  by  said  Board  of  Health,  agreeable  to 
the  provisions  of  the  law  of  the  State  of  New  York,  entitled  '  An 
act  to  reorganize  the  local  government  of  the  city  of  New  York/ 
passed  April  30,  1873,  as  amended  by  an  act,  entitled  '  An  act  to 
amend  chapter  335,  of  the  Laws  of  1873,'  and  passed  June  13, 1873. 
In  witness  whereof  I  have  hereto  set  my  official  hand 
•  SEAL*-  an(^  an^xe(^  ^ne  g^at  seal  of  the  said  Health  De- 

: :  partment,  this  10th  day  of  October,  1874,  A.  D. 

EMMONS  CLAEK, 

Secretary." 

Then  we  offer  as  to  the  certificate,  section  12,  chapter  636  of 
the  Laws  of  1874,  which  is  as  follows  : 

"  Copies  of  the  record  of  the  proceedings  of  said  Board,  with  its 
rules,  regulations,  ordinances,  bills,  and  books,  and  papers  con- 
stituting part  of  its  archives,  when  authenticated  by  its  Secretary, 
or  Secretary,  pro  tern.,  shall  be  presumptive  evidence,  and  the 
authentication  be  taken  as  presumptively  correct  in  any  court  of 
justice  or  judicial  proceeding,  when  they  may  be  relevant  to  the 
point  or  matter  in  controversy,  facts,  statements,  and  recitals  there- 
in contained." 

(Objected  to  on  the  ground  that  it  is  incompetent  and  irrelevant ; 
objection  overruled ;  exception.) 

JOHN  BLAKE  WHITE,  sworn  and  examined,  testified  as  follows : 

Q.  "What  is  your  profession  ?     A.  Physician. 

Q.  How  long  have  you  been  a  physician  ?  A.  About  two  years 
and  a  half. 

Q.  Are  you  connected  with  the  Health  Department  ?  A.  Yes,  sir. 

Q.  In  what  capacity  ?     A.  Assistant  Sanitary  Inspector. 

Q.  How  long  have  you  been  so  associated  with  the  Health  De- 
partment ?  A.  I  will  have  been  a  year  next  May. 

Q.  Since  May,  1876,  then  ?     A.  Since  May,  1876. 


14  TESTIMONY  OF  JOHN  BLAKE  WHITE. 

Q.  Have  you  been  detailed  for  special  duty  in  the  Health  De- 
partment? A.  Yes,  sir. 

Q.  "What  is  that  special  duty  ?    A.  Inspection  of  milk. 

Q.  From  what  time  ?    A.  Since  June  last. 

Q.  Did  you  undergo  any  preparations  for  this  special  duty  ? 
A.  I  did. 

Q.  State  what  that  preparation  was  ?  A.  It  was  the  use  of  the 
lactometer  and  the  analysis  of  milk. 

Q.  What  instruction  did  you  undergo  ?  A.  I  do  not  understand 
your  question. 

Q.  I  asked  you  what  preparation  you  went  through  with  before 
entering  upon  those  duties — how  were  you  informed  as  to  the  use 
of  the  lactometer  ? 

(Objected  to.) 

A.  I  studied  the  use  of  the  lactometer  and  the  analysis  of  milk 
under  competent  instruction. 

COUNSEL — I  move  to  strike  out  the  words  "  competent  instruc- 
tion" as  stating  a  conclusion. 

The  COUKT — Leave  that  in. 

COUNSEL — Note  an  exception. 

Q.  What  experience  have  you  had  in  the  examination  of  milk  ? 
A.  I  have  tested  a  number  of  specimens  of  genuine  milk  and  ana- 
lyzed quite  a  number. 

Q.  Have  you  repeatedly  compared  your  analyses  with  other 
tests  ?  A.  I  have,  sir. 

Q.  Were  those  other  tests  compared  with  the  analyses  ?  A.  Com- 
pared with  the  lactometer. 

Q.  Have  you  the  lactometer  with  you  ?     A.  I  have,  sir. 

Q.  Is  this  lactometer  an  instrument  that  you  have  used  in  your 
milk  examinations  ?  A.  Yes,  sir. 

Q.  Who  furnished  you  with  this  lactometer?  A.  It  was  furnished 
me  by  Dr.  Waller,  by  direction  of  the  Board  of  Health. 

Q.  He  is  a  chemist  connected  with  the  Board  of  Health  ?  A. 
Yes,  sir. 

Q.  Is  this  an  instrument  that  you  yourself  have  verified? 
A.  Yes,  sir. 

Q.  State  to  what  standard  of  milk  it  is  adjusted.  A.  It  is 
adjusted  to  the  lowest,  1.029  specific  gravity. 


TESTIMONY  OF  JOHN  BLAKE  WHITE.  15 

Q.  The  lowest  quality  of  genuine  milk  ?  A.  The  lowest  quality 
of  genuine  milk. 

Q.  At  what  temperature  ?  A.  At  the  temperature  of  60  degrees, 
Fahrenheit. 

Q.  State  how  your  tests  as  to  the  quality  of  milk  are  made 
with  this  lactometer  ?  A.  Where  the  temperature, of  the  milk  is — 
(Objected  to.) 

Q.  Wben  did  you  visit  the  place  of,  business  of  the  defendant? 
A.  I  would  like  to  refer  to  my  books,  so  as  to  be  sure.  August  25, 
1876. 

Q.  Where  was  his  place  of  business  ?  A.  At  that  time,  206 
Avenue  B. 

Q.  What  was  his  business  ?     A.  He  kept  a  milk  depot. 

Q.  Did  he  keep  a  large  quantity  of  milk  for  sale  ?     A.  Yes,  sir. 

Q.  Furnished  retail  dealers  and  milk  wagons  ?  A.  He  was  sell- 
ing milk  at  retail. 

Q.  And  sold  also  wholesale  ?     A.  Yes,  sir. 

Q.  About  how  much  milk  did  you  find  the  morning  or  the  day 
you  visited  it  ?  A.  As  far  as  I  can  remember  there  was  almost  half 
a  can  at  the  time. 

Q.  Half  a  can  in  the  depot  ?  A.  Half  a  can  from  which  I  pro- 
cured the  specimen.  He  was  selling  this  milk  at  the  time.  I  asked 
him  when  I  entered  the  place  if  this  was  milk  he  was  selling  ;  I  took 
it  out  of  that  can. 

Q.  Were  there  other  cans  there  ?  A.  There  were  other  cans  in 
the  depot. 

Q.  Your  examination  was  confined  to  half  a  can  of  milk  ?  A.  To 
a  can  of  milk,  from  which  he  was  selling  that  day  ;  the  dippers  were 
in  the  can,  which  furnished  me  sufficient  evidence  that  he  was  sel- 
ling from  the  can. 

Q.  How  much  milk  was  in  the  depot  ?  A.  I  could  not  possibly 
say  because  I  did  not  look  into  the  other  cans. 

Q.  Was  there  more  than  one  can?  A.  There  was  more  than 
one  can. 

Q.  More  than  five  or  six  ?  A.  I  do  not  remember  that ;  I 
have  been  to  a  great  many  places  since  then. 

Q.  How  large  was  this  can  ?  A.  A  can  containing  about  forty 
quarts  of  milk  ;  the  usual  size  of  milk  cans. 


16  TESTIMONY  OF  JOHN  BLAKE  WHITE. 

Q.  What  test  did  you  apply  to  the  milk  he  was  selling  at  that 
time  ?  A.  I  first  observed  the  milk  as  I  always  do  observe,  whether 
the  milk  adheres  properly  to  the  side  of  the  glass  as  milk  generally 
does  ;  then  I  tested  the  temperature  at  sixty  degrees  Fahrenheit ; 
I  placed  the  lactometer  in  the  glass  containing  milk,  and  it  stood 
at  85. 

Q.  What  amount  of  adulteration  was  shown  by  your  examina- 
tion? 

(Objected  to  on  the  ground  that  it  has  not  been  shown  upon 
what  principle  this  lactometer  has  been  constructed  ;  objection  over- 
ruled ;  exception  noted.) 

A.  It  shows  15  per  cent,  of  water  by  the  lactometer ;  15  per  cent, 
of  added  water  I  should  say. 

Q.  What  was  your  observation  as  to  the  milk  clinging  to  the  side 
of  the  glass  ?  A.  It  behaved  as  milk  does  which  has  been  adulter- 
ated ;  it  did  not  cling  well,  and  it  looked  bluish  and  light. 

Q.  I  think  you  stated  pure  milk  generally  clings  to  the  sides  of 
the  lactometer  ?  A.  To  the  lactometer  and  also  to  the  sides  of  the 
glass,  when  the  glass  is  shaken  in  which  the  milk  is  placed. 

Q.  Have  you  ever  made  any  analysis  to  confirm  the  reading  of 
the  lactometer  ?  A.  I  have,  sir. 

Q.  At  85  ? 

(Objected  to  as  incompetent,  irrelevant  and  immaterial ;  objec- 
tion overruled.) 

Mr.  HASTINGS — We  withdraw  the  question. 

Q.  Have  you  made  repeated  tests  with  this  lactometer  ?  A.  I 
have,  sir. 

Q.  About  how  many  ?  A.  I  made  about  147  tests  of  genuine 
milk. 

Q.  What  steps  have  you  taken  to  verify  the  reading  of  the  lac- 
tometer on  those  tests  ?  A.  I  visited  the  country  and  tested  milk 
direct  from  the  cows. 

Q.  Have  you  ever  watered  these  samples  of  milk  to  see  how  it 
would  vary  on  the  scale  of  the  lactometer  ?  A.  Not  these  particu- 
lar samples,  but  I  have  others. 

By  the  COURT — The  lactometer  which  is  presented  here  is  the  one 
with  which  you  tested  the  milk  in  the  can  you  found  in  the  pos- 
session of  the  defendant  ?  A.  Yes,  sir,  that  is  the  lactometer. 


TESTIMONY  OF  JOHN  BLAKE  WHITE.  17 

By  Mr.  HASTINGS — Q.  And  this  is  the  one  you  received  from  the 
Board  of  Health,  did  you  ?  A.  Yes,  sir. 

Q.  And  what  is  the  standard  at  which  it  is  graduated  ?  A.  At 
the  specific  gravity  of  1.029. 

Q.  What  is  the  specific  gravity  adopted  by  the  Board  of  Health  ? 
A.  1.029  is  the  lowest,  which  is  equal  to  100  upon  the  lactometer 
scale. 

Q.  Now,  sir,  explain  the  manner  and  use  of  the  lactometer,  and 
its  theory  ? 

(Objected  to  ;  objection  overruled  ;  exception.) 

A.  The  lactometer  is  an  instrument  used  to  test  the  specific 
gravity  of  any  fluid,  and  it  is  called  a  lactometer  because  it  is  used 
to  test  the  specific  gravity  of  milk. 

Q.  How  do  you  use  it  in  testing  milk  ?  A.  It  is  placed  in  a 
glass  containing  the  fluid. 

Q.  And  then  what  ?  A.  The  fluid  should  stand  at  the  tempera- 
ture of  60  degrees  Fahrenheit. 

Q.  Does  this  sink  ?  A.  And  that  sinks  and  indicates  upon  the 
scale  there  the  specific  gravity  of  the  fluid  in  which  it  sinks  to  that 
point. 

Q.  Does  the  temperature  have  any  effect  ?  A.  The  temperature 
does,  for  I  have  just  stated  the  temperature  of  the  milk  should  be 
at  60  degrees  Fahrenheit. 

Q.  Now,  sir,  you  have  made  a  great  many  tests  and  experiments 
with  the  lactometer,  have  you  ?  A.  I  have,  sir. 

Q.  Have  had  large  experience  in  its  use  ?     A.  Yes,  sir. 

Q.  From  your  experience  and  your  tests,  have  you  determined 
it  to  be  a  reliable  instrument  in  testing 'the  specific  gravity  of 
milk? 

COUNSEL — Objected  to. 

The  COURT — I  cannot  exclude  this  question  and  answer.  You 
can  cross-examine  as  much  as  you  have  a  mind  to. 

A.  I  have. 

Q.  State  what  tests  and  what  methods  you  have  used  for  de- 
termining its  reliability  by  comparison  or  otherwise,  by  analysis  or 
in  whatever  way  ?  A.  I  have  tested  it  in  solutions  of  known  specific 
gravity  in  which  it  indicated  the  specific  gravity — a  solution  which 
I  had  previously  known. 


18  TESTIMONY   OF  JOHN   BLAKE   WHITE. 

Q.  By  analysis  ?  A.  No,  sir ;  by  the  hydrometer,  indicated  by 
the  hydrometer. 

Q.  Have  you  tested  it  by  analysis  ?  A.  I  have  tested  it  by 
analysis  also — that  is,  I  have  proved  it  by  analysis. 

Q.  Now,  sir,  in  making  the  test  of  milk,  you  have  already  stated 
that  you,  in  the  first  place,  observed  the  appearance  of  the  milk  ? 
A.  Yes,  sir. 

Q.  What  other  methods  of  observation,  or  testing  do  you  take  ; 
do  you  use  the  tongue  ?  A.  Yes,  sir  ;  I  taste  it. 

COUNSEL — We  object  to  this  question  unless  it  is  confined  to 
this  particular  case. 

WITNESS — Yes,  sir  ;  this  particular  case. 

COUNSEL  FOB  PROSECUTION — Did  you  taste  it  ?     A.  I  did,  sir. 

Q.  And  do  you  use  the  nose  too,  in  testing  milk  ?     A.  Yes,  sir. 

Q.  Did  you  in  this  case  ?  A.  I  do  not  remember  whether  I  did 
or  not  in  this  case  ;  it  was  hardly  necessary  however,  because  it  was 
not  sour  milk. 

COUNSEL — Objected  to.     (Objection  overruled  ;  exception.) 

COUNSEL  FOE  THE  PEOPLE — Well,  sir  ;  upon  this  day  you  tested 
this  milk  ?  A.  Yes,  sir. 

Q.  By  the  COURT — With  that  lactometer  ?  A.  Yes,  sir,  with  that 
lactometer. 

Q.  By  COUNSEL  FOR  THE  PEOPLE — What  was  the  result  of  the  test 
that  you  made  of  that  milk  at  that  time  ?  A.  It  stood  at  85  by 
that  instrument,  at  a  temperature  of  60  degrees  Fahr. 

Q.  Now,  I  ask  you  what  was  the  condition  of  that  milk  at  that 
time  ?     A.  The  milk  did  not  appear  to  me  to  be  perfectly  good 
milk. 
.  COUNSEL — I  move  to  strike  out  that  answer. 

WITNESS — I  have  already  stated  that  the  milk  behaved  as  adul- 
terated milk  behaves. 

COUNSEL — We  object ;  this  is  the  very  question  involved  in  the 
case,  whether  the  article  sold  here  was  impure  milk. 

Q.  By  COUNSEL  FOR  PEOPLE — Well,  these  various  tests  that  you 
made  at  that  time  with  this  instrument  and  with  your  observations, 
you  determined,  as  I  understand  you  to  say  (if  not  correct  me),  that 
it  had  been  adulterated  by  water  at  the  rate  of  fifteen  per  cent,  of 
water  added  ?  A.  Yes,  sir. 


TESTIMONY   OF   JOHN   BLAKE   WHITE.  19 

Q.  Was  there  any  evidence  that  the  defendant  knew  that  it  was 
watered  ? 

(Objected  to  as  calling  for  a  conclusion.) 

Q.  What  occurred  between  yourself  and  Mr.  ^Schrumpf,  the 
defendant  in  this  case,  about  that  ?  A.  After  I  left  the  store  Mr. 
Schrumpf's  son  approached  me  and  touched  me  on  the  shoulder  and 
asked  me — 

COUET — You  cannot  state  that  unless  you  returned  and  told  the 
defendant  afterward. 

A.  No,  sir ;  I  had  no  conversation. 

Q.  By  COUNSEL  FOR  THE  PEOPLE — "Was  this  young  man  about 
whom  you  began  to  speak,  in  the  store  at  the  time  you  were  there  ? 
A.  Yes,  sir  ;  and  he  told  me  that  he  was  the  son  of  Schrumpf. 

Q.  This  son  of  Schrumpf's  was  in  the  store  at  the  time  you 
made  this  experiment  ?  A.  Yes,  sir. 

Q.  And  did  he  see  the  test  made  ?     A.  Yes,  sir. 

Q.  Was  anything  said  by  him  in  the  presence  of  Mr.  Schrumpf 
and  yourself,  or  did  Mr.  Schrumpf  say  anything  to  you  ?  A.  Mr. 
Schrumpf  said  something  to  me. 

Q.  What  did  he  say  ?  A.  The  prisoner  stated  that  the  instru- 
ment stood  higher  than  I  read,  because  the  instrument  was  vibrat- 
ing and  had  not  settled. 

Q.  Did  he  say  anything  more  ?  A.  I  do  not  remember  any- 
thing more  that  was  said  upon  that  point. 

Q.  Did  he  watch  your  test  ?     A.  Yes,  sir. 

Q.  And  took  a  reading  himself?  A.  He  stated  that  which  I 
have  already  stated  ;  while  I  was  waiting  for  the  instrument  to 
settle  he  was  looking  at  it  and  made  that  statement. 

Q.  Did  you  tell  him  the  milk  was  bad  ?  A.  I  did,  sir ;  I  told 
him  how  it  read. 

Q.  What  did  he  say  to  that  ?  A.  I  do  not  remember  any  conver- 
sation ;  there  are  so  many  places  that  I  visited  I  do  not  know  what 
they  all  said  to  me,  you  know. 

Q.  Where  were  you  when  this  son  of  Schrumpf  came  to  you, 
outside  the  building  or  in  ?  A.  I  was  outside. 

Q.  What  season  of  the  year  was  this?  A.  This  was  in  Au- 
gust. 

Q.  Was  the  door  open?     A.  I  do  not  remember. 


20  TESTIMONY   OF   JOHN   BLAKE    WHITE. 

Q.  Do  you  know  whether  Schrnmpf  saw  him  approaching  you  ? 
A.  I  do  not. 

Q.  Now,  sir,  among  the  experiments  that  you  have  made  to  test 
the  reliability  of  this  instrument,  have  you  ever  made  a  test  to  show 
the  amount  of  water  when  the  lactometer  should  stand  at  85  ?*  A.  I 
have,  sir. 

Q.  And  what  amount  of  water  did  it  show  ?  A.  Eighteen  parts, 
added  water. 

Q.  What  was  the  test  ?     A.  By  analysis. 

Q.  So  that  the  analysis  showed  more  water  than  the  lactometer. 

COUNSEL — We  ask  to  strike  that  out,  because  it  is  improper  in 
this  case. 

The  COURT — Leave  it  in. 

COUNSEL — Your  Honor  overrules  the  motion? 

The  COURT — Yes,  sir. 

COUNSEL — I  except. 

COUNSEL  FOR  THE  PEOPLE — You  said  that  this  instrument  was 
vibrating  when  the  defendant  Schrumpf  was  reading  it?  A.  Yes, 
sir. 

Q.  Now,  the  reading  you  took  was  after  it  had  settled,  as  I 
understood  you  ?  A.  Yes,  sir. 

Q.  And  at  that  time  it  stood  at  85  ?     A.  Yes,  sir. 

Cross-examined  : 

Q.  Did  you  take  any  of  this  milk  away  with  you,  Doctor  ?  A. 
No,  sir. 

Q.  And  no  analysis  of  this  milk  was  made  ?     A.  No,  sir. 

Q.  Now,  Dr.  White,  you  entered  the  employ  of  the  Board  of 
Health  last  May,  I  believe  ?  A.  No,  sir  ;  I  have  been  there  over  a 
year,  a  year  last  May. 

Q.  How  many  times  have  you  seen  the  defendant  ?  A.  I  have 
seen  him,  counting  every  time  that  I  have  met  him  in  Court,  I  have 
seen  him  fully  three  times. 

Q.  Is  that  the  individual  ?  (pointing  to  the  defendant).  A.  Yes, 
sir. 

Q.  Now,  sir,  you  testified  that  the  accused  was  engaged  in  the 
business  of  selling  milk  at  wholesale,  how  did  you  know  that? 
A.  I  stated  that  he  kept  a  milk  depot  and  had  a  number  of  cans ;  I 


TESTIMONY   OF  JOHN   BLAKE  WHITE.  21 

Tiave  subsequently  visited  customers  of  his  who  have  purchased  at 
least  fifteen  or  twenty  quarts  of  milk  from  him,  who  stated  to  mo 
that  fact ;  I  presume  that  would  be  called  wholesale. 

COUNSEL — I  ask  your  Honor  that  there  be  stricken  from  the  evi- 
dence what  the  customers  of  the  defendant  said  to  this  witness. 

The  COURT — Yes,  sir ;  strike  it  out. 

Q.  Do  you  know  that  this  man  was  engaged  in  selling  milk  at 
wholesale  on  the  25th  of  August  ?  A.  No,  sir ;  I  do  not  know  he 
was  selling  milk  at  wholesale. 

Q.  May  you  not  be  entirely  mistaken  in  your  estimation  that 
he  is  anything  more  than  a  retail  milk  dealer  ?  A.  He  may  be  a 
retail  and  he  may  be  a  wholesale  dealer  ;  he  kept  a  milk  depot  at  the 
time  I  visited  it ;  I  make  that  statement  now. 

Q.  What  is  the  difference  between  a  milk  depot  and  a  milk  shop  ? 
A.  A  milk  depot  means  that  he  has  a  large  quantity  of  milk  on  hand 
to  sell. 

Q.  How  much  milk  will  you  state  that  he  had  on  hand  that  day, 
how  many  cans  did  you  see  ?  A.  I  do  not  remember  the  exact 
number  of  cans ;  there  were  more  than  one. 

Q.  How  many  contained  milk?     A,  I  do  not  know. 

Q.  Did  more  than  one  ?     A.  I  do  not  know,  sir. 

Q.  You  do  not  know  that  more  than  one  can  contained  milk, 
and  yet  you  swear  that  he  had  a  quantity  of  milk  there,  is 
that  it  ?  A.  No  ;  I  do  not  swear  that  he  had  a  large  quantity. 

Q.  What  quantity  had  he  ?  A.  He  had  at  least  twenty  quarts  in 
the  can. 

Q.  That  is  what  you  call  a  large  quantity  kept  by  a  wholesale 
dealer?  A.  No,  sir. 

Q,  Now  I  understand  you,  that  you  have  tested  147  samples  of 
milk  in  the  country  ?  A.  Yes,  sir. 

Q.  You  have  also  added  water  to  the  milk  and  tested  it  then 
with  the  lactometer  after  adding  water  ?  A.  Yes,  sir. 

Q.  Did  you  do  that  with  the  genuine  milk  which  you  tested  in 
the  country?  A.  No,  sir. 

Q.  Well,  this  milk  that  you  added  water  to  and  then  tested  with 
the  lactometer,  where  did  you  get  that  ?  A.  I  got  it  in  the  city  here. 

Q.  Did  you  know  it  to  be  genuine  milk  ?  A.  It  was  a  specimen 
of  milk  that  was  analyzed. 


22  TESTIMONY   OF   JOHN   BLAKE   WHITE. 

Q.  How  much  water  did  it  contain  when  analyzed?  A.  It 
contained  about  the  usual  amount ;  I  do  not  think  I  have  my  book 
here. 

Q.  I  did  not  ask  for  your  book  ?  A.  I  do  not  remember  because 
I  made  several  analyses ;  it  did  not  contain  more  than  it  ought  to 
by  actual  analysis  ;  I  remember  that  fact. 

Q.  What  month  was  it  that  you  made  these  147  tests  in  the 
country  ?  A.  The  months  of  June,  July  and  August,  I  think  ;  the 
latter  part  of  June. 

Q.  Will  you  look  at  that  copy  of  the  City  Record  and  say  if  that 
does  not  contain  published  accounts  of  your  doings  in  that  direc- 
tion ?  A.  It  has  not  my  signature. 

Q.  Is  that  the  published  report  of  your  investigations  ? 

(Paper  shown  and  marked  Exhibit  B  for  identification). 

A.  Yes,  sir. 

Q.  How  many  different  places  were  those  147  analyses  made  ? 
A.  They  were  made  I  think  at  6  ;  if  you  will  pass  me  the  paper  I 
would  be  able  to  observe  that  accurately. 

Q.  Now  in  one  instance  you  found  milk  which  at  60  temperature 
registered  95,  did  you  not?  A.  Yes,  sir. 

Q.  And  that  is  5  per  cent,  below  the  Board  of  Health  standard  ? 
A.  Yes,  sir. 

Q.  Now,  Doctor,  I  want  you  to  state  to  the  jury  exactly  all  that 
you  did  in  the  store  of  the  accused  on  this  day  in  last  August  ?  A. 
I  visited  the  store  and  asked  the  dealer  if  he  had-  any  milk  for  sale ; 
he  replied  yes  ;  I  asked  him  where  it  was,  and  he  showed  me  a  can 
in  which  I  saw  several  dippers  ;  I  procured  some  of  it  and  stirred 
the  milk  up  in  the  can  first  and  placed  some  in  a  glass,  observed  it 
and  tested  the  temperature  of  the  milk ;  I  forget  now  whether  it 
was  then  at  60,  but  I  waited  until .  it  was  60  Fahr ;  I  placed  the 
lactometer  in  it  and  it  was  85 ;  I  tasted  the  milk  and  it  did  not 
taste  like  good  milk ;  I  told  him  it  was  bad  milk,  adulterated  milk. 

Q.  Well,  sir ;  how  did  you  get  at  the  temperature  ?  A.  With 
the  thermometer. 

Q.  Have  you  that  thermometer  with  you?  A.  I  have  the  ther- 
mometer. 

(Thermometer  produced.) 

Q.  Do   you  know  by  whom  this  thermometer  was  made  ?     A, 


TESTIMONY   OF   JOHN   BLAKE   WHITE.  23 

No,  sir ;  I  do  not ;  I  procured  that  from  Dr.   Chandler,  I  think,  or 
from  one  of  his  assistants — from  the  Board  of  Health. 

Q.  Have  yon  tested  this  thermometer  ?     A.  I  have  not,  sir. 

Q.  Then  you  do  not  know  it  to  be  accurate  ?  A.  I  think  it  is 
accurate. 

Q.  Do  you  know  it  to  be  ?     A.  No  ;  I  cannot  swrear  it  is. 

Q.  Then  from  this  thermometer,  the  accuracy  of  which  you  do 
not  swear  to,  the  milk  was  at  a  temperature  of   60?     A.  Yes,  sir  : 
excuse  me  one  moment,  that  thermometer  was  used  in  the  country 
with  other  specimens  of  pure  genuine  milk  when  the  lactometer  was  • 
tested. 

Q.  And  this  is  the  same  lactometer  with  which  you  made  147 
tests  ?  A.  No,  sir  ;  part  of  them. 

Q.  What  proportion?  A.  Fully  40 — there  may  have  been  over 
40. 

Q.  You  cannot  swear  to  the  correctness  of  the  temperature  in 
40  cases?  A.  I  did  not  make  the  thermometer  ;  that  has  been 
tested,  but  I  did  not  test  it. 

Q.  Did  you  notice  ?     A.  I  did  not  notice. 

Q.  Why  did  you  say  so  ?  A.  Because  those  instruments  are 
always  tested  by  others  before  they  are  handed  to  me. 

Q.  Now,  doctor,  I  would  like  you  to  take  some  of  this  and  pour 
it  into  this  tube,  and  show  the  jury  how  you  make  the  tests. 

(A  bottle  of  milk  was  handed  to  the  witness.) 

COUNSEL  FOB  THE  PEOPLE — Before  this  is  made,  if  this  is  an 
experiment  to  be  made  with  milk,  we  desire  to  know  if  this  is  milk. 

COUNSEL  FOR  DEFENDANT — I  propose  to  ask  this  gentleman  to 
tasta  that  stuff,  be  it  what  it  may,  benzine  or  anything  else,  and  see 
if  he  knows  the  difference.  I  propose  to  ask  him  what  it  is. 

WITNESS — I  do  not  propose  to  taste  anything. 

COUNSEL  FOB  DEFENDANT — I  assure  him  that  it  is  not  poisoned. 

COUNSEL  FOR  PEOPLE — If  this  examination  be  directed  to  the 
point  whether  this  witness  be  an  expert  or  not,  I  presume  he  has 
been  admitted  as  an  expert  ;  if  it  be  directed  to  the  point  whether 
this  instrument  will  determine  milk,  we  must  be  assured  that  the 
article  is  milk.  When  a  bottle  labeled  from  a  chemical  laboratory 
is  presented,  we  are  not  sure  from  past  experience  what  it  is — we 
are  inclined  to  doubt  it. 


24  TESTIMONY   OF  JOHN    BLAKE    WHITE. 

COUNSEL  FOB  DEFENDANT — I  simply  ask  that  he  be  allowed  to  test 
that  before  the  jury,  just  as  he  tests  fluids  which  he  supposes  to  be 
milk.  I  propose  to  ask  that  gentleman  what  he  can  tell  from  his  taste. 
The  Board  of  Health  proposes  this  method,  and  we  wish  to  inves- 
tigate it. 

COUNSEL  FOE  PEOPLE — We  must  be  sure  that  it  is  milk  from  a 
healthy  cow. 

The  COURT — I  think  there  is  something  in  the  objection.  It 
may  be  a  very  unsafe  proceeding  what  you  propose  to  do.  How 
can  the  jury  know,  and  how  can  we  tell,  without  going  deeply  into 
chemistry  or  some  of  the  natural  sciences,  but  that  you  may  manu^ 
facture  and  put  together  certain  elements  which  are  not  milk  ? 

COUNSEL  FOB  DEFENDANT — I  propose  to  ask  that  gentleman  to 
take  that  fluid  and  apply  the  same  test  to  it  that  he  did  to  the  fluid 
in  the  store  of  the  accused.  If  he  object  to  taste  it,  I  won't  insist 
on  that. 

WITNESS — The  taste  forms  a  very  important  part,  and  I  would 
object  to  tasting  it. 

COUNSEL  FOB  THE  PEOPLE — The  purpose  as  announced  by  the 
learned  counsel,  and  the  reason  given  for  not  stating  what  that  fluid 
is — his  object  is  to  endeavor-  to  institute  an  examination  which  I 
think  the  Court  will  rule  out  as  entirely  immaterial  and  irrelevant. 
The  question  is  not  if  the  witness  should  find  some  other  substance 
in  the  store  of  the  accused,  that  he  should  report  it  to  the  Board 
of  Health. 

COUNSEL  FOB  DEFENDANT — I  want  to  demonstrate  how  imperfect 
this  test  is. 

The  COUBT — If  you  are  going  to  prove  that  that  is  milk,  I  will 
let  you  proceed.  I  do  not  say  that  I  will  reject  the  evidence  finally. 

COUNSEL  FOB  DEFENDANT — I  do  not  want  to  put  the  witness  on 
his  guard. 

The  COURT — I  will  think  more  about  it.  It  seems  to  me  it 
would  be  opening  the  door  on  a  critical  point  which  might  be  dan- 
gerous and  perhaps  wrong. 

By  COUNSEL  FOB  DEFENDANT — Q.  Now,  doctor,  you  have  before 
you  a  lactometer  as  used  by  the  Board  of  Health  ?  A.  Yes,  sir. 

Q.  You  have  also  a  glass  jar  as  used  by  the  Board  of  Health  in 
which  milk  is  usually  tested  ?  A.  Yes,  sir. 


TESTIMONY   OF  JOHN   BLAKE   WHITE.  25 

Q.  I  now  hand  you  a  whitish  fluid  in  appearance  resembling  milk 
contained  in  a  bottle  which  is  before  you,  and  ask  you  to  pour  it 
into  that  glass  jar  and  test  it  with  the  lactometer  as  you  did  the 
fluid  in  the  shop  of  the  accused. 

COUNSEL  FOB  THE  PEOPLE — (Objected  to  on  the  ground  that  it  is 
not  claimed  that  this  substance  is  milk,  and  secondly,  that  the  ex- 
periment is  irrelevant  and  incompetent ;  and  I  desire  to  add  an 
offer  that  the  witness  may  test  milk  with  the  lactometer.) 

The  COURT — It  marks  a  certain  degree.  What  is  your  argument 
from  that  ? 

COUNSEL  FOB  DEFENDANT — It  depends  what  the  degree  is. 

The  COUBT — Let  it  be  85  ;  suppose  it  says  that  ;  what  is  your 
argument  ? 

COUNSEL — If  the  subsequent  proof  shows  that  to  be  pure  milk  it 
will  not  only  be  an  argument  but  a  demonstration  that  the  lac- 
tometer is  imperfect. 

The  COUBT — Unless  you  intend  to  prove  or  should  prove  after- 
wards that  the  fluid  there  is  milk,  I  do  not  see  that  the  experiment 
would  be  useful  or  advance  the  truth.  I  think  I  will  exclude  the 
question,  but  I  may  alter  my  mind  when  I  learn  more  about  the 
lactometer. 

COUNSEL — Note  our  exception. 

Q.  Doctor  White,  thero  is  before  you  a  fluid  which  appears  to 
be  milk  ;  I  ask  you  to  pour  that  into  the  glass  jar  used  to  contain 
milk  when  you  make  tests  of  it,  and  test  i£  with  the  lactometer  and 
state  the  result  by  the  lactometer. 

(Objected  to  on  the  ground  that  it  is  not  relevant  to  the  issue  ; 
that  the  issue  to  be  determined  is  the  specific  gravity.) 

(Objection  sustained  ;  exception.) 

Q.  Now,  Doctor  White,  when  you  go  into  a  milk  shop  and  a  fluid 
is  given  you  which  looks  like  milk,  and  you  test  with  the  lactometer 
and  thermometer  and  note  the  result,  can  you  tell  whether  that 
fluid  is  milk  or  not  ? 

(Objected  to  as  irrelevant  ;  objection  overruled.) 

A.  I  always  inquire  from  the  man  first  if  he  has — 

Q.  I  ask  you  from  that  test  whether  you  can  tell  that  is  milk  ? 
A.  I  ask  the  person  if  he  has  milk  for  sale  before  I  proceed  any 
further. 


26  TESTIMONY   OF  JOHN  BLAKE    WHITE. 

Q.  When  you  enter  a  milk  shop  and  a  fluid  resembling  milk 
which  as  far  as  you  can  tell  by  the  exercise  of  your  senses  is  milk 
is  given  you,  and  you  test  it  with  the  lactometer  and  thermometer 
and  note  the  result,  can  you  tell  whether  the  fluid  you  have  tested 
is  milk  or  is  something  else  ;  I  ask  an  affirmative  or  negative 
answer. 

(Objected  to  as  uncertain  in  this,  that  it  does  not  appear  by  the 
question  whether  the  test  proposed  is  by  the  lactometer  and  ther- 
mometer alone.) 

The  COURT — I  think  I  will  permit  you  to  ask  this  question, — 
whether  he  knows  enough  about  the  lactometer  to  say  whether  by 
inserting  it  in  a  fluid  looking  like  milk  to  know  whether  it  was  milk 
or  not. 

By  COUNSEL — Q.  Can  you  tell  by  inserting  the  ]actometer  in  a 
fluid  that  looks  like  milk  whether  it  is  milk  or  not  ?  A.  No,  sir  ;  I 
cannot. 

Q.  When  you  visit  a  milk  shop  and  a  fluid  is  presented  to  you 
resembling  milk  and  you  test  it  with  the  thermometer  and  the  lac- 
tometer as  you  used  those  tests  in  the  case  of  the  accused,  can  you 
tell  from  the  result  whether  the  fluid  tested  is  milk  or  something 
else? 

(Objected  to  ;  objection  sustained ;  -exception.) 

Q.  Dr.  White,  have  you  tested  the  milk  of  other  animals  besides 
the  cow  with  the  lactometer  ? 

(Objected  to  as  irrelevant ;  objection  overruled.) 

A.  I  have  not. 

Q.  Have  you  ever  tasted  as  far  as  you  know  the  milk  of  any 
other  animal  than  the  cow  ?  A.  I  do  not  remember  whether  I  have 
or  not ;  yes,  I  do  remember,  certainly  ;  it  is  so  long  ago  that  I  for- 
got it,  I  thought  that  was  taken  for  granted. 

Q.  Now,  doctor,  from  the  tasting  of  the  milk,  from  noticing 
whether  it  clings  to  the  glass  or  the  lactometer  and  from  the  test 
usually  made  by  you  and  as  made  in  the  present  instance  in  the 
case  of  the  milk  of  the  accused,  can  you  tell  whether  the  fluid  you 
tested  is  milk  ?  A.  I  think  I  can. 

Q.  Will  you  swear  positively  that  you  can  tell  whether  the  fluid 
you  have  tested  is  milk  from  these  means  ?  A.  I  do  not  know  that 
that  is  required. 


TESTIMONY   OF   JOHN   BLAKE   WHITE.  27 

Q.  Will  you  swear  positively  whether  you  can  or  not  ?  A.  I  can 
swear  I  have  often  tested  what  I  thought  to  be  milk  and  analyzed 
it  and  found  it  to  be  milk. 

By  the  COURT — Q.  Can  you  swear  any  more  positively  than  you 
have  ?  A.  No,  sir. 

By  COUNSEL — -Q.  Now,  sir,  can  you  from  the  various  tests  enume- 
rated by  me  swear  positively  whether  the  fluid  tested  was  milk  or 
not  ?  A.  I  have  made  my  answer  to  that  question  already  ;  I  have 
said  that  I  could  tell  milk  by  those  tests. 

Q.  Are  you  sure  that  you  can  ? 

(Objected  to.) 

The  COURT — We  must  be  content  with  the  answer. 

By  COUNSEL — Q.  Can  you  not  from  such  tests  swear  whether  the 
fluid  was  milk  or  not ;  I  ask  you  to  answer  yes  or  no  to  that  'ques- 
tion? A.  I  have  already  replied  to  that. 

By  the  COURT — Q.  What  is  your  answer?  A.  I  have  said  I 
thought  I  could. 

COUNSEL — I  ask  the  Court  to  request  the  witness  to  give  a  cate- 
gorical answer. 

The  COURT — I  refuse. 

COUNSEL — I  except  to  the  Court's  refusal  to  direct  the  witness 
to  answer  that  question  directly. 

Q.  Now,  Doctor,  you  say  you  think  you  can  ;  how  strong  is  your 
impression  ?  A.  As  strong  as  I  have  expressed  it ;  I  have  made  a 
reply. 

Q.  Then  it  is  simply  a  thought,  is  that  it  ?  A.  I  have  not  tried 
the  specimen  to  tell  you. 

By  the  COURT —  Q.  How  sure  are  you  ?  If  you  can  say  anything 
further,  doctor,  you  may  do  it  ?  A.  I  do  not  see  how  I  can  answer 
any  differently. 

Q.  You  say  you  think  you  could  ?  A.  I  say,  sir,  it  is  my  im- 
pression and  belief  that  I  can  tell  good  milk  from  these  tests. 

By  COUNSEL — Q.  Now  will  you  swear,  Dr.  White,  that  the  article 
which  you  tested  in  this  case  was  milk  or  won't  you  ?  A.  I  do  not 
understand  your  question  at  all,  I  do  not  see  what  you  mean  to 
imply  by  that — such  milk  as  I  have  already  tested  in  that  man's 
store  I  have  already  passed  upon. 


28  TESTIMONY  OF  JOHN  BLAKE  WHITE. 

Q.  On  the  25th  of  August  last  in  the  store  of  the  accused  did 
you. notice  a  certain  fluid?  A.  Yes,  sir. 

Q.  From  the  tests  made  by  you,  will  you  positively  swear  that 
that  fluid  was  milk  ?  A.  Yes,  sir  ;  I  will. 

Q.  Then,  how  is  it  that  when  in  another  case,  the  hypothetical 
case  which  I  put  to  you  just  now,  you,  combining  all  these  tests, 
only  think  it  was  milk  ?  A.  I  said  it  was  my  firm  impression,  I 
could  tell  it. 

Q.  How  is  it  that  in  one  case  you  swear  positively  and  in  the 
other  you  have  only  an  impression? 

The  COURT — I  do  think  you  have  gone  as  far  as  I  ought  to  permit 
you. 

By  COUNSEL — Q.  Now,  Doctor,  what  portion  of  the  test  made  by 
you  in  this  case  enables  you  to  be  so  positive  that  what  you  tested 
was  milk  ?  A.  The  lactometer  sank  so  low  as  to  show  that  there  was 
more  water  in  that  specimen  of  milk  than  there  ought  to  have  been. 

Q.  In  case  a  fluid  in  appearance  resembling  milk  is  given  you, 
you  pour  it  into  a  glass  jar  such  as  is  commonly  used  for  testing 
milk,  you  test  it  by  inserting  the  lactometer  in  that  glass  jar,  you 
test  the  temperature  by  an  accurate  thermometer,  you  notice 
whether  the  milk  clings  to  the  glass  or  to  the  lactometer,  can  you 
positively  swear  that  the  fluid  you  have  tested  is  milk — and  in 
addition  to  the  tests  yo  u  taste  the  fluid  and  look  at  it,  will  you  then 
swear  it  was  milk  ? 

(Objected  to  as  hypothetical  and  irrelevant,  and  as  not  based 
exactly  upon  the  facts  in  this  case.) 

A.  I  cannot  answer  it ;  I  go  into  a  milk  store  and  look  for  milk. 

Q.  Why  cannot  you  answer  that  question  ?  A.  You  say,  in  case 
a  fluid  is  given  me  ;  I  do  not  understand  what  you  mean  by  that — I 
enter  a  store  to  inspect  milk,  I  understand  the  man  in  the  store  is 
selling  milk,  I  test  the  milk  to  see  how  much  water  is  in  it. 

Q.  Do  you  arrive  at  the  conclusion  that  the  fluid  is  milk,  from 
your  supposition  or  knowledge  that  the  man  sells  milk,  or  from  the 
tests  which  you  make  ?  A.  From  both. 

Q.  Can  you  tell  from  either,  separately  ?  A.  I  can  be  pretty 
well  assured  of  the  latter,  although  I  cannot  always  of  the  former. 

Q.  Can  you  tell  either,  separately  ?     A.  I  have  answered  that. 

Q.  Now,  Mr.  White,  in  a  case  where  the    supposition   in   your 


TESTIMONY   OF  JOHN   BLAKE   WHITE.  29 

mind  that  the  fluid  tasted  was  milk,  was  absent,  could  you,  from  the 
tests  as  you  have  described  them  in  your  direct  evidence,  tell 
whether  it  was  milk  ? 

(Objected  to  ;  objection  overruled.) 

A.  I  do  not  understand  your  question ;  to  tell  milk  it  would  be 
necessary  to  use  every  possible  conceivable  means  to  find  out 
whether  it  was  milk  or  not ;  we  enter  upon  the  presumption  that  the 
man  is  selling  milk  to  dealers  and  then  I  taste  it. 

COUNSEL —  Q.  What  is  your  answer  to  my  question  ?  A.  I  think 
I  have  answered  that  question  already. 

Q.  Now,  Mr.  "White,  in  a  case  where  the  supposition  in  your 
mind  that  the  fluid  tasted  was  milk,  was  absent,  could  you,  from  the 
tests  as  you  have  described  them  in  your  evidence,  tell  whether  it 
was  milk  ?  A.  I  think,  I  could. 

By  the  COURT — Can  you  state  any  more  positively  than  you  have  ? 
A.  Yes,  I  can  tell  milk. 

By  COUNSEL — Can  you  state  positively  that  you  can  ?  A.  The 
result  of  all  the  experience  in  all  my  life  is  that  I  think  I  can  tell 
whether  it  was  milk  ? 

Q.  Take  this  fluid,  test  it  properly  by  the  lactometer  and  ther- 
mometer, and  state  whether  it  is  milk  or  not  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  Now,  sir,  being  able  solely  from  the  tests  referred  to  to  de- 
termine that  tha  fluid  tested  is  milk,  can  you  tell  from  what  species 
of  animal  that  milk  comes  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

A.  Simply  by  the  taste  ? 

Q.  Can  you  state  whether  milk  is  pure  from  any  species  of 
animal  if  less  than  1.029  or  100  on  the  lactometer  as  at  present  ad- 
justed ? 

(Objected  to.) 

A.  I  replied  earlier  in  the  examination  that  I  had  not  tested  the 
milk  of  any  other  animal. 

By  the  COURT — Can  you  tell  the  gravity  of  milk  of  other  animals  ? 
A.  Certainly,  sir ;  with  the  same  instrument. 

COUNSEL — Have  you  ever  tried  it  ?     A.  No,  sir ;  I  have  not. 

(Counsel's  question  repeated.) 

A.  I  have  said  I  have  not  tested  it. 


30  TESTIMONY   OF  JOHN   BLAKE   WHITE. 

By  the  COURT — You  cannot  state  that  ?     A.  No,  sir. 

COUNSEL— Now,  sir,  how  many  milk  shops  do  you  visit  a  week, 
on  an  average,  to  test  milk  ?  A.  I  can  tell,  perhaps,  by  referring 
to  my  book. 

Q.  I  only  want  an  estimate  ?  A.  I  cannot  say  without  referring 
to  my  book,  because  some  weeks  I  am  busy  otherwise  and  do  not 
make  as  many  inspections  as  I  do  at  others  ;  these  courts  keep  me 
busy  sometimes  ;  I  suppose  about  20  or  30  a  week — between  20 
and  30. 

Q.  Well,  sir,  in  20  tests  of  milk  made  in  milk  shops  in  this  city 
about  how  many  samples  of  milk  do  you  usually  find  below  100 
degrees  on  the  lactometer  at  60  Eahr. 

(Objected  to.) 

COUNSEL — I  propose  to  show  that  since  the  use  of  this  instrument 
began  by  the  Board  of  Health  the  traffic  in  skimmed  milk  has  in- 
creased five-fold  in  this  city,  and  by  this  and  similar  questions  I 
propose  to  reach  that ;  it  is  one  of  the  arguments  I  propose  to  make 
to  the  jury  against  the  lactometer. 

The  COURT — My  embarrassment  in  ruling  is  that  you  have  made 
this  witness  your  own  ;  I  do  not  see  any  importance  to  this  evidence  ; 
at  present  I  will  exclude  it,  it  may  be,  by  and  by,  I  will  admit  it. 

COUNSEL — Note  an  exception. 

Q.  What  is  skimmed  milk  ?  A.  Skimmed  milk  is  the  fluid  from 
which  cream  has  been  removed. 

Q.  Do  all  fluids  have  cream  ?  A.  All  fluids  which  nature  has 
put  there. 

Q.  Do  you  mean  to  say  that  skimmed  milk  is  milk  with  the  cream 
removed  ?  A.  Yes,  sir. 

Q.  Is  it  nutritious  as  food  ? 

(Objected  to ;  objection  sustained  ;  exception.) 

Q.  Now,  Mr.  White,  suppose  a  sample  of  pure  milk  stands  at  105 
by  your  lactometer  as  you  use  it  at  a  temperature  of  60,  and  that 
milk  be  skimmed  and  then  tested  in  the  same  manner,  will  it  be 
heavier  or  lighter  ?  A.  It  will  be  heavier. 

Q.  About  how  much  ?  A.  It  depends  upon  the  amount  of  cream 
that  has  been  removed. 

Q.  Now  suppose  a  milk  rich  in  cream  standing  95  at  60  Fahr.  by 
your  thermometer  having  the  cream  removed  from  it  so  as  to  make 


TESTIMONY  OF  JOHN  BLAKE  WHITE.  31 

skimmed  milk,  be  then  tested  again,  about  what  figure  will  it 
stand  ? 

(Objected  to  as  immaterial  and  irrelevant.) 

COUNSEL — I  propose  to  show  when  the  tests  applied  by  the 
Board  of  Health  are  applied  to  skimmed  milk  that  they  mislead. 

The  COURT — It  is  difficult  to  tell  whether  that  evidence  is  admis- 
sible now  or  not ;  it  depends  upon  what  evidence  is  introduced 
liereafter.  I  think,  I  will  let  the  witness  answer  it. 

(Question  repeated.) 

A.  It  will  stand  higher,  but  it  is  impossible  to  say  how  high, 
unless  you  tell  me  how  much  cream  is  taken  away  of  course. 

Q.  Would  it  not  stand  several  degrees  higher  ?  A.  It  will  stand 
a  few  degrees  higher. 

Q.  How  many  degrees  are  a  few  ?  Do  you  think  it  would  stand 
5  degrees  higher  ?  A.  I  have  said  that  it  would  depend  a  great 
deal  upon  the  amount  of  cream  removed. 

Q.  Assuming  it  to  be  a  quart  of  pure  milk  rich  in  cream,  how 
much  higher  do  you  think  it  would  stand  by  the  lactometer  when 
the  cream  is  removed  ?  A.  I  have  already  said  it  depends  a  great 
deal  upon  the  amount  of  cream  taken  away  from  that  specimen  of 
milk.  To  thoroughly  skim  milk  you  would  have  to  skim  it  two  or 
three  times,  especially  an  Alderney. 

Q.  To  skim  it  as  many  times  as  is  necessary,  how  high  would  it 
stand  ?  A.  Several  degrees  ;  it  is  impossible  to  say. 

Q.  Would  it  not  stand  10  degrees  higher  ?  A.  I  do  not  think  it 
will  stand  quite  that  much. 

Q.  Do  you  know  how  much  skimmed  milk  is  sold  daily  in  this  city  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  Can  you  state  the  specific  gravity  of  skimmed  milk  ?  A. 
When  all  the  cream  is  removed,  do  you  mean  ? 

Q.  Yes,  sir;  can  you  state  the  specific  gravity  of  skimmed  milk? 

(Objected  to  ;  objection  overruled  for  the  present.) 

Q.  Skimmed  milk  will  stand  above  118  on  the  lactometer  ?  A. 
Yes,  sir. 

Q.  What  is  the  gravity  of  cream  ?  A.  Cream  will  stand  lower 
than  100  ;  it  depends  of  course  upon  its  thickness,  upon  its  purity  ; 
it  will  stand  from  60  to  70,  along  there  ;  the  specific  gravity  is  from 
1.012  to  1.019. 


32  TESTIMONY   OF   JOHN   BLAKE   WHITE. 

Q.  What  is  the  average  gravity  of  cream  ?     A.  1.012. 

Q.   What  is  that  on  the  lactometer  ?     A.  It  will  stand  about  77. 

Q.  Now,  won't  you  state  what  the  ingredients  of  milk  are  and  in 
what  proportions  ? 

(Objected  on  the  ground  that  that  is  not  material.) 

A.  The  ingredients  of  milk  are  water,  butter,  sugar,  caseine,  and 
ash. 

Q.  What  are  the  proportions  of  each  ?  A.  The  maximum  of 
water  is  about  88  per  cent. 

Q.  What  is  the  minimum  ?  A .  The  minimum  I  found  86  per 
cent,  in  pure  milk ;  the  sugar  is  4  per  cent.,  the  butter  about  3  per 
cent.,  the  ash  0.29  per  cent.,  and  the  caseine  3.16  per  cent. 

Q.  Are  you  quite  sure  as  to  the  correctness  of  those  propor- 
tions ?  A.  I  have  given  you  them  as  near  as  I  can. 

Q.  Let  me  call  your  attention  to  the  proportion  of  ash,  have  you 
not  misstated  that  ?  A.  I  should  like  to  refresh  my  memory  in 
regard  to  the  analysis. 

Q.  By  the  COURT — Do  you  mean  the  notes  of  the  analysis  made 
by  you.  A.  Yes,  sir. 

COUNSEL — I  object  to  the  witness  being  allowed  to  refer  to  his 
notes. 

WITNESS — Well,  sir,  I  have  found  in  one  analysis  .5  of  ash,  .and  I 
found  .29  psr  cent,  in  the  specimen  I  analyzed  some  time  ago. 

Q.  What  is  the  average  quantity  of  ash  ?  A.  I  should  say  the 
average  would  be  near  .50  per  cent.,  if  not  a  little  more. 

Q.  How  many  per  cent,  of  water  do  you  say  the  accused's  milk 
was  adulterated  with  ?  At  least  15  per  cent. 

Q.  Now  state  what  influence  the  temperature  of  milk  has  upon 
its  gravity  ?  A.  The  specific  gravity  of  the  fluid  varies  with  the 
temperature,  because  in  chemistry  fluids  expand  when  warmer,  and 
their  specific  gravity  is  lightened. 

Q.  To  what  extent  does  that  exist  ?  A.  I  have  found  that  to 
vary. 

Q.  How  much  ?  A.  From  two  degrees  in  specific  gravity  to 
three  in  temperature,  about  that  variance  ;  that  is  the  greatest 
amount  of  variance. 

Q.  Do  you  always  get  milk  up  to  the  temperature  of  60  Fahr. 
when  testing  it?  A.  Yes,  sir,  I  do. 


TESTIMONY   OF   JOHN  BLAKE   WHITE.  33 

Q.  How  do  you  cool  it  when  it  requires  cooling  ?  A.  "We  cool  it 
with  ice  water — place  it.  in  a  glass  containing  ice  water  and  cool 
it. 

Q.  How  do  you  warm  it  ?  A.  Warm  it  in  a  vessel  containing 
warm  water,  and  sometimes  with  my  hands  ;  I  have  often  warmed 
it  with  my  hands. 

Q.  Do  you  state  what  you  do  in  your  laboratory  or  what  you  do 
in  the  shops?  A.  I  state  what  I  have  done  in  some  cases  in  the 
shops  and  always  in  the  laboratory. 

Q.  Now  you  said,  Mr.  White,  that  the  temperature  varied  2  de- 
grees of  specific  gravity  for  1  on  the  lactometer  ?  A.  No,  sir ;  I 
said  the  average  was  2  degrees  on  the  lactometer  for  3  in  temperature; 
that  was  about  the  variance. 

Q.  You  do  not  mean  then  what  it  varies  in  degrees  of  specific 
gravity,  but  degrees  on  the  lactometer  ?  A.  The  lactometer  in- 
dicates the  specific  gravity  of  the  fluid  when  it  is  tested. 

Q.  How  many  degrees  of  specific  gravity  are  indicated  by  any 
degree  on  the  lactometer  ?  A.  The  100th  mark  on  the  lactometer 
indicates  a  specific  gravity  of  1.029. 

Q.  What  degree  on  the  lactometer  indicates  1.018  of  specific 
gravity  ?  A.  About  89  I  should  say. 

Q.  Now,  sir,  have  you  any  regular  scale  of  allowance  to  be  made 
in  testing  milk  if  the  temperature  is  above  or  below  60  Fahr.  ?  A. 
I  have  no  scale  ;  no  sir. 

Q.  Can  you  give  a  regular  scale  ?  A.  I  have  just  stated  that  it 
varies  2  degrees  in  specific  gravity ;  the  degrees  on  the  lactometer 
indicate  the  specific  gravity  of  the  fluid  in  which  it  is  placed. 

Q.  The  difference  between  100  on  the  lactometer  and  99  on  the 
lactometer  indicates  1  degree  in  specific  gravity  ?  A.  Yes,  sir." 

Q.  Now  you  always  test  the  milk  exactly  at  60  ?  A.  Not  always ; 
when  I  first  test  it,  it  may  be  higher  and  I  cool  it  to  60  after- 
wards. 

Q.  Can  you  state  what  temperature  the  milk  of  the  accused  was 
when  you  went  in  there  ?  A.  I  cannot. 

Q.  Had  you  cooled  it  or  warmed  it  ?  A.  I  do  not  remember,  it 
was  at  60  when  I  tested  it. 

Q.  What  does  it  weigh  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 
3 


34  TESTIMONY   OF  JOHN   BLAKE   WHITE. 

Q.  Mr.  White,  is  whey  of  a  less  specific  gravity  than  milk  ?  A. 
Yes,  sir. 

Q.  Much  ?     A.  A  good  deal. 

Q.  Now,  Mr.  White,  will  you  look  at  this  bottle  and  see  whether 
you  can  determine  that  it  is  milk  or  not. 

(Objected  to  ;  objection  sustained.) 

Q.  Is  the  lactometrical  test  the  only  test  for  milk  ?  A.  It  is 
not  the  only  test. 

Q.  Have  you  ever  tested  milk  with  the  microscope?  A.  No,  sir  ; 
I  have  not. 

Q.  If  you  used  the  microscope  would  you  not  be  able  to  tell 
whether  the  fluid  you  were  testing  was  milk  or  an  artificial  sub- 
stance made  to  resemble  it  ?  A.  I  have  said  I  have  not  examined 
milk  under  the  microscope. 

Q.  I  ask  for  your  opinion  ? 

(Objected  to;  objection  sustained  ;  exception.) 

Q.  Mr.  White,  in  going  to  make  tests  of  milk  say  out  of  20  sam- 
ples what  proportion  rises  above  a  hundred — I  ask  you  suppose 
you  go  about  to  milk  shops  testing  20  different  samples  of  milk 
what  proportion  falls  below  and  what  rises  above  a  hundred,  esti^ 
mate  it  ?  A.  I  could  not  say  unless  I  referred  to  20  estimates. 

By  Mr.  PRENTICE — Q.  You  stated,  Dr.  White,  that  if  the  temper- 
ature was  not  at  60  you  would  cool  it  to  60  or  warm  it  by  placing 
it  in  ice  water  or  in  warm  water.  A.  Yes,  sir. 

Q.  When  you  say  it  to  what  do  you  refer,  the  milk  itself?  A. 
The  glass  vessel  containing  the  milk,  not  the  milk  itself. 

Q.  Suppose  the  milk  should  be,  when  you  take  it  at  a  little  less 
than  60 — should  be  a  little  cooler  than  60,  would  that  be  more  fav- 
orable or  unfavorable  to  the  dealer  ?  A.  It  would  be  more  favor- 
able to  the  dealer  in  this  case ;  I  do  not  always  warm  or  cool  it  up 
to  60. 

Q.  You  stated  that  this  milk  appeared  to  your  observation  to 
have  been  adulterated  ?  A.  Yes,  sir. 

Q.  Was  this  milk  cow's  milk  or  some  other  milk  ?  A.  Cow's 
milk. 

Q.  Now,  sir,  your  observation  to  which  you  testified  that  it 
showed  you  some  adulteration  as  probable,  did  it  have  reference  to 
its  color  and  thinness  ?  A.  Yes,  sir. 


TESTIMONY   OF  JOHN   BLAKE   WHITE.  35 

Q.  Is  there  any  difference  between  the  color  and  thinness  of 
the  milk  with  cream  or  without  it  ?  A.  Yes,  sir. 

Q.  Is  there  any  difference  in  its  appearance  on  the  lactometer 
as  it  is  withdrawn  from  the  glass  ?  A.  Yes,  sir. 

Q.  And  is  there  any  difference  as  it  appears  before  ?  A.  Yes, 
sir. 

Q.  Let  me  ask  if  this  paper  to  which  your  attention  was  drawn 
and  which  was  identified,  was  a  report  made  by  you  to  the  Board 
of  Health  ?  A.  Yes,  sir. 

By  COUNSEL  FOR  DEFENDANT — Q.  You  have  sworn  that  this  milk 
was  cow's  milk  ;  how  do  you  know  it  was — I  mean  the  milk  found 
in  accused's  place  ?  A.  Because  he  proposed  to  sell  cow's  milk. 

Q.  How  do  you  know  it  was  cow's  milk  ?  A.  It  bore  all  the 
appearance  to  me  of  cow's  milk  and  had  the  taste  of  cow's  milk. 

Q.  Would  not  woman's  milk  have  looked  very  much  like  it?  A. 
No,  sir. 

Q.  In  what  respect  would  it  have  differed?  A.  It  would  have 
looked  thinner  and  tasted  differently. 

Q.  Would  not  mare's  milk  have  looked  exactly  like  it  ?  A.  I 
have  not  seen  mare's  milk. 

Q.  As  you  are  able  to  tell  in  the  case  of  the  accused  suppose 
you  look  and  see  whether  this  is  cow's  milk. 

(Bottle  shown  to  witness.) 

A.  I  would  not  be  able  to  -apply  that  test,  I  used  every  test  in 
regard  to  the  other. 

Q.  Used  them  all  ?  A.  I  do  not  propose  to  use  them  all  in  that 
case. 

Q.  As  you  could  tell  whether  the  milk  or  fluid  you  found  in  the 
shop  of  the  accused  was  cow's  milk  can  you  tell  by  the  same  means 
whether  the  fluid  which  I  now  hold  in  my  hand  is  cow's  milk  ?  A. 
YeS;  sir ;  I  can. 

Q.  Will  you  do  so  ?  A.  I  won't  taste  it ;  the  taste  would  be  a 
part  of  the  test. 

Q.  You  decline  examining  this  ?  A.  I  decline  to  apply  every 
test. 

The  COURT — I  have  ruled  it  out. 

COUNSEL — Note  my  exception. 


36  TESTIMONY   OF   CHARLES   F.    CHANDLER. 

CHARLES  F.  CHANDLER,  sworn  and  examined  by  Mr.  PRENTICE  : 

Q.  Dr.  Chandler,  you  are  a  chemist  by  profession  ?     A.  I  am. 

Q.  Please  state  your  study  and  preparation,  and  your  acquaint- 
ance and  experience  with  chemistry  and  that  which  belongs  to  your 
profession?  A.  I  went  to  the  Lawrence  Scientific  School  at  Cambridge 
in  1853,  remained  there  till  the  spring  of  1854,  and  spent  a  year  at 
the  University  of  Goettingen  in  Germany  and  a  year  at  the  Univer- 
sity of  Berlin,  pursuing  the  study  of  chemistry  in  all  its  branches. 

Q.  You  took  a  degree,  did  you,  there  ?  A.  Took  a  degree  of 
doctor  of  philosophy  at  Goettingen. 

Q.  Since  that  time  you  have  been  a  professor  in  various  insti- 
tutions ?  A.  I  have. 

Q.  Please  state  where  ?  A.  For  about  eight  years  at  Union 
College,  and  twelve  years  at  the  School  of  Mines  in  Columbia  Col- 
lege ;  also  for  ten  years  at  the  College  of  Pharmacy  in  the  city  of 
New  York,  and  for  the  past  three  or  four  years  at  the  College  of 
Physicians  and  Surgeons  in  New  York. 

Q.  The  lactometers  in  use  by  the  Board  of  Health  are  tested  in 
your  laboratory,  are  they  ?  A.  They  are,  under  my  direction. 

Q.  This  thermometer  which  was  in  evidence  this  morning,  and 
laid  upon  the  table  and  taken  up  by  you,  has  it  been  tested  by  you? 

(Thermometer  shown  to  the  witness.) 

A.  It  has  been  tested  by  me  and  found  to  be  accurate. 

Q.  That  is  the  one  used  by  Dr.  White,  was  it,  this  morning  ? 
A.  It  is. 

Q.  You  were  present  at  his  examination  ?     A.  I  was. 

Q.  Now,  sir,  have  you  made  milk  a  special  study  ?     A.  I  have, 

Q.  Tell  me,  what  is  a  lactometer  ?  A.  A  lactometer  is  an  instru- 
ment which  belongs  to  the  class  of  instruments  called  hydrometers. 
It  is  a  hydrometer  specially  graduated  to  suit  the  investigation  of 
milk  for  police  purposes.  All  hydrometers  are  floating  instruments 
based  upon  the  principle  that  when  a  solid  substance  is  placed  in 
a  liquid  it  sinks  until  it  has  displaced  its  own  weight.  The  lighter 
that  liquid  is,  the  deeper  it  must  sink  in  order  to  displace  its  own 
weight.  The  heavier  that  liquid  is,  the  sooner  it  reaches  a  point 
at  which  it  has  displaced  its  own  weight.  I  have  a  diagram*  of  a 

*  See  cut  on  page  37. 


TESTIMONY  OF   CHARLES  F.   CHANDLER. 


37 


1000 

„..„„  0. 

0 

0 

1001 

_ 

- 

- 

1002 

_ 

- 

1003 
100* 

- 

10 

- 

10 

- 

10 

1005 

_ 

- 

- 

1006 

20 

L 

- 

1007 

I 

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HYDEOMETER  AND  LACTOMETERS. 


38  TESTIMONY   OF   CHARLES   F.    CHANDLER. 

hydrometer  and  a  lactometer  which  will  enable  me  to  explain  per- 
haps more  fully  the  character  of  the  instrument.  The  instrument 
at  the  left  is  a  hydrometer,  which  is  graduated  to  determine  the 
specific  grayity  on  a  unit  which  represents  the  specific  gravity  or 
comparative  weight  of  water.  That  instrument,  if  placed  in  pure 
water  at  a  temperature  of  60  degrees  Fahrenheit,  would  sink  till  it 
registered  the  upper  mark,  which  is  1  or  1.000,  as  we  choose  to  call 
it.  If  placed  in  a  liquid  lighter  than  water,  it  would  sink  to  a 
greater  depth ;  if  placed  in  a  liquid  heavier  than  water,  it  would 
not  sink  to  that  depth,  and  that  particular  scale  represents  the  com- 
parative weight  of  the  liquid  to  the  weight  of  water.  If  it  should 
sink  to  a  de-pth  of  the  mark  near  the  bulb,  1.035,  that  liquid 
would  be  .035  heavier  than  water.  In  other  words,  a  vessel  which 
had  contained  1,000  grains  of  water  would  contain  1,035  grains  of 
that  liquid. 

Q.  Now,  sir,  I  see  there  are  a  number  of  lactometers  represented 
upon  that  diagram  ;  are  there  a  number  of  lactometers  in  use  grad- 
uated at  different  rates  ?  A.  There  are  in  this  city. 

Q.  Is  there  any  indication  upon  the  lactometer  itself  of  the  rate 
at  which  it  is  graduated  ?  A.  Generally  not ;  I  never  saw  one. 

Q.  Can  you  tell  one  lactometer  from  another  ?  A.  I  cannot 
without  testing  them. 

Q.  Describe  these  various  rates  ?  A.  The  second  instrument  on 
the  diagram  is  a  lactometer  which  was  originally  invented  by  a 
French  chemist  by  the  name  of  Dinocourt ;  he  investigated  the 
milk  of  cows  in  France  and  satisfied  himself  that  no  cow's 
milk  from  a  healthy  cow  ever  stood  below  the  specific  gravity  of 
1.029. 

Q.  State  these  experiments  and  investigations,  as  Chey  are  known 
to  experts  in  your  science  ?  A.  1.029  represents  the  lowest  specific 
gravity  of  genuine  milk ;  the  instrument  is  so  graduated  that  the 
zero  point,  which  means  no  milk,  shall  be  at  the  gravity  of  water ; 
the  100  point,  which  means  the  weakest  milk  that  any  healthy  cow 
gives,  is  placed  opposite  1.029 ;  if  the  milk  is  of  a  fair  quality  its 
gravity  will  be  greater  than  1.029,  and  consequently  the  lactometer 
will  stand  at  a  point  above  a  100 ;  from  100  to  120  :  if  the  milk 
is  of  minimum  quality,  that  is  either  poor  in  solids  altogether  or 
unexceptionally  rich  in  fat,  that  is  cream,  then  its  gravity  will  ap- 


TESTIMONY  OF  CHAELES  F.  CHANDLER.  39 

proximate  to  100,  but  in  genuine  milk  from  healthy  cows  the  instru- 
ment will  never  reach  a  point  below  100  ;  in  selecting  this  in- 
strument for  use  in  testing  milk  it  was  necessary  to  fix  the  100 
mark  so  that  in  no  sample  of  genuine  healthy  milk  would  the  in- 
strument ever  record  below  100  ;  consequently  a  margin  from  100 
to  120  has  to  be  granted  from  the  reason  that  milk  is  not  a  uniform 
fluid  ;  the  milk  of  one  cow  differs  from  the  milk  of  another  ;  the 
milk  of  one  cow  is  heavier  than  that  of  another,  and  consequently 
it  is  necessary  to  fix  the  100  mark  on  the  lactometer  at  the  very 
lowest  point,  as  otherwise  the  lactometer  might  pronounce  a 
sample  of  milk  as  standing  below  100  when  it  was  genuine, 
healthy  cow's  milk.  The  other  three  instruments  are  instruments 
that  have  been  and  are  to  a  great  extent  in  use  among  milkmen 
in  New  York  city  ;  the  original  lactometer  introduced  into  New 
York  had  its  100  mark  placed  at  1.030,  and  it  is  the  one  on  the  right ; 
consequently  a  very  light  sample  of  milk  might  have  registered  99 
upon  that  lactometer  and  have  been  pronounced  watered,  when  on 
the  lactometer  originally  introduced  and  which  is  used  by  the 
Health  Department  it  would  still  have  a  register  above  100 ;  many 
years  ago  Dr.  Chilton  of  this  city  investigated  this  subject. 

(Objected  to.) 

Q.  Speak  of  any  other  lactometer  that  has  been  in  use  ?  A.  An- 
other standard  was  introduced  subsequently  which  placed  the  100 
mark  at  1.034,  which  is  very  nearly  the  highest  mark  of  genuine 
milk,  and  this  of  course  caused  most  of  the  milk  furnished  by  cows 
to  stand  below  100  ;  it  is  the  instrument  which  is  3d  on  the  list ; 
the  100  mark  stands  opposite  1.034  ;  the  makers  have  gradually- 
dropped  their  100  mark  to  1.033,  consequently  the  100  mark  on  the 
4th  instrument  is  opposite  1.033  ;  that  instrument  is  the  one  com- 
monly used  by  dealers  in  milk,  and  in  sampling,  milk  which  has  a 
gravity  at  60  Fahr.  less  than  1.033  will  be  indicated  by  that  hydrom- 
eter as  below  100  per  cent,  of  milk  ;  the  lactometer  used  by  the 
Health  Department  employs  the  lowest  standard,  the  object  being 
that  no  sample  of  genuine  commercial  milk  should  ever  mark  on  that 
lactometer  less  than  100  ;  about  16  per  cent,  of  water  may  be  added 
to  milk  which  marks  120  on  the  Board  of  Health  lactometer,  without 
bringing  it  quite  down  to  100  ;  that  is  a  margin  of  watering  which  it 
is  impossible  to  prevent  because  no  matter  what  method  of  investi- 


40  TESTIMONY   OF   CHARLES   F.    CHANDLER. 

gation  is  resorted  to,  it  is  impossible  to  determine  within  the  range 
from  the  two  extremes  of  the  best  milk  and  the  poorest  milk  ;  it  is 
impossible  to  prove  adulteration  as  long  as  the  adulteration  has 
not  carried  the  sample  below  the  poorest  milk  that  healthy  cows 
produce  ;  no  method  of  investigation  will  detect  the  fraud. 

Q.  "Well,  now,  sir,  is  it  possible  to  make  a  lactometer  in  its 
appearance  exactly  like  any  of  these  and  that  in  use  by  the  Board 
of  Health,  which  could  not  be  distinguished  from  it  by  its  appear- 
ance, but  would  register  at  a  far  lower  rate  ?  A.  It  is  ;  such  are 
made  and  are  in  use. 

Q.  Now,  sir,  is  this  lactometer  an  accurate  instrument  for  deter- 
mining the  specific  gravity  of  liquids  ? 

(Objected  to  as  calling  for  a  conclusion  ;  objection  overruled  ; 
exception.) 

A.  There  are  two  methods  in  common  use  for  determining  the 
specific  gravity  of  liquids  ;  both  depend  upon  weighing  known  vol- 
umes of  liquid  ;  in  the  one  case  the  balance  and  the  bottle  are 
employed  ;  in  the  other  case  a  hydrometer  and  a  cylinder  are 
employed  ;  in  both  cases  the  liquid  is  actually  weighed  and  in  both 
cases  a  fixed  volume  is  weighed,  and  the  hydrometer  involves  less 
sourcss  of  error  than  the  use  of  the  balance  and  the  bottle.  It  is 
necessary,  however,  when  the  hydrometer  is  constructed,  it  should 
be  accurately  constructed  ;  but  the  hydrometer  having  been  con- 
structed or  the  lactometer  having  been  constructed,  and  its  accuracy 
determined,  it  then  gives  as  accurate  a  method  as  there  is  known 
for  determining  the  specific  gravity  of  liquids. 

Q.  I  was  about  to  ask  that  question  whether  there  is  any  more 
accurate  method  of  determining  the  specific  gravity  of  liquids  than 
by  the  use  of  such  instruments  ?  A.  There  is  not. 

Q.  Well,  now,  sir,  are  you  familiar  with  the  literature  of  milk 
and  its  examination,  and  all  the  best  opinions  of  the  best  standard 
writers,  both  in  this  country  and  others,  on  this  subject  ?  A.  I 
am. 

Q.  And  what  is  the  best  opinion,  according  to  the  best  authori- 
ties, with  regard  to  the  use  of  the  lactometer  for  detecting  the 
watering  of  milk  ? 

(Objected  to  as  incompetent  and  calling  for  hearsay  evidence  ; 
objection  overruled ;  exception.) 


TESTIMONY   OF   CHARLES   F.    CHANDLER.  41 

A.  It  is  that  the  lactometer  as  used  by  the  Health  Department 
with  the  100  mark  placed  at  1.029,  and  used  in  connection  with  the 
ordinary  senses  of  sight,  taste,  and  smell,  is  the  most  reliable  meth- 
od for  determining  the  excessive  watering  of  milk. 

Q.  Now,  sir,  if  a  sample  of  milk  sold  in  this  city  be  tested  by  the 
lactometer  and  it  stands,  with  the  milk  at  a  temperature  by  the 
thermometer  of  60  Fahr.,  at  a  point  below  100,  at  90  for  instance, 
what  does  that  determine  ?  A.  That  it  has  been  watered. 

Q.  The  milk  inspectors  employed  by  the  Board  of  Health,  are 
they  qualified  to  test  milk  ;  I  ask  your  personal  knowledge  upon 
that  subject  ? 

(Objected  to  ;  question  withdrawn.) 

Q.  You  are  President  of  the  Board  of  Health  ?     A.  I  am. 

Q.  And  you  were  in  the  summer  of  1876  ?     A.  I  was. 

Q.  And  the  witness  on  the  stand,  Dr.  White,  is  one  of  the  inspec- 
tors employed  by  the  Board?  A.  He  is. 

Q.  Now,  sir,  I  understood  you  to  say  that  the  test  of  the  Board 
of  Health  was  by  the  use  of  the  lactometer  and  the  thermometer 
and  with  the  senses,  with  the  smell,  the  taste,  and  the  sight? 
A.  It  is. 

Q.  Can  milk  thus  be  distinguished  from  cream  ?     A.  It  can. 

Q.  Will  the  inspector  using  these  tests  have  under  his  observa- 
tion conditions  in  the  milk  which  will  enable  him  to  distinguish 
skimmed  milk  and  other  varieties  of  adulterated  milk  ? 

(Objected  to  as  calling  for  a  conclusion.) 

Q.  Are  you  acquainted  with  the  kind  of  milk  that  is  offered  for 
sale  in  this  city  ?  A.  I  am. 

Q.  Doctor,  I  ask  you  as  an  expert  on  this  question,  can  you  tell 
the  difference  by  the  use  of  these  tests  described  as  in  use  by  the 
Board  of  Health,  the  difference  between  milk  with  the  natural 
cream  and  skimmed  milk  and  watered  milk  and  milk  variously 
adulterated  ? 

(Objected  to  ;  objection  overruled ;  exception.) 

A.  I  can  distinguish  between  cream  and  milk  and  skimmed  milk 
by  the  use  of  those  tests. 

By  the  COURT — Q.  By  the  lactometer?  A.  By  the  lactometer 
and  by  observation  ;  by  my  senses. 

By  Mr.  PRENTICE — Q.  And  a  thermometer  ?     A.  A  thermometer  ; 


42  TESTIMONY   OF   CHAELES   F.    CHANDLER. 

that  is  within  certain  limits  ;  cream  and  milk  are  two  extremes  between 
which  there  is  no  dividing  line  ;  there  is  no  point  at  which  a  fluid  ceases 
to  be  milk  and  becomes  cream  or  ceases  to  be  cream  and  becomes  milk  ; 
it  depends  entirely  on  the  extent  to  which  the  milk  is  skimmed ;  if 
one  per  cent,  of  all  the  fat  contained  in  a  sample  of  milk  is  skimmed 
from  it,  it  would  literally  have  been  skimmed,  but  it  would  not  be 
called  skimmed  milk  ;  it  is  only  when  a  considerable  portion  of  the 
cream  has  been  removed  that  we  have  well  denned  skimmed  milk  which 
has  a  gravity  considerably  greater  than  the  gravity  of  original  milk 
and  which  is  thin  and  watery  ;  with  regard  to  cream  if  the  cream  is 
so  carelessly  skimmed  that  a  large  proportion  of  the  milk  is  taken  off 
with  it,  it  would  then  be  very  poor  cream  and  might  be  but  little 
lighter  in  specific  gravity  than  the  original  milk ;  when  I  say  there- 
fore that  I  can  distinguish  cream  from  skimmed  milk  and  both  from 
whole  milk  by  the  use  of  the  lactometer  and  the  thermometer  and 
my  senses,  observe  I  refer  only  to  such  specimens  as  really  repre- 
sent fair  average  cream,  fair  average  skimmed  milk  and  fair  average 
whole  milk  ;  the  natural  variations  in  the  milk  of  cows  within  the 
limits  above  100  on  the  lactometer  make  it  impossible  to  make  a 
sharper  line  of  division  between  these  three  different  products  from 
the  cow. 

Q.  Now,  sir,  as  President  of  the  Board  of  Health  you  and  your 
associates  have  directed  a  number  of  tests  and  experiments  to  be 
made  to  determine  the  reliability  of  the  lactometer  ? 

(Objected  to.) 

A.  We  have. 

Q.  Have  you  directed  a  large  number  of  experiments  to  be  made 
for  the  purpose  of  testing  its  reliability  ?  A.  I  have  caused  to  be 
made  under  my  direction  a  number  of  experiments  to  determine 
whether  the  standard  of  1.029  is  the  proper  one  for  the  minimum 
gravity  of  cow's  milk. 

Q.  And  at  different  seasons  of  the  year  have  you  made  that? 
A.  At  different  seasons  of  the  year. 

Q.  And  in  the  country  as  well  as  in  the  city  ?  A.  Chiefly  in  the 
country,  on  the  Harlem  and  the  Erie  Railroads,  in  Orange  county 
and  Westchester  county,  the  dairies  which  supply  New  York  city 
with  milk,  and  to  a  limited  extent  in  the  city  itself. 

Q.  I  would  be  glad  that  you  should  explain   and   relate    those 


TESTIMONY   OF   CHARLES   F.    CHANDLER.  43 

experiments  and  results.  A.  505  cows  have  been  milked,  each  into 
a  separate  pail,  until  all  the  milk  had  been  removed  from  the  cow. 
In  each  case  the  milk  was  mixed  that  there  should  be  no  separation, 
because  the  first  milk  that  comes  from  a  cow  at  a  milking  is  heavier 
than  the  last  that  comes  from  a  cow  at  a  milking. 

By  Mr.  LAWRENCE — Did  you  see  all  this,  Doctor  ?  A.  No  ;  I  stated 
that  this  work  was  done  under  my  direction  ;  I  stated  I  caused  these 
investigations  to  be  made. 

By  Mr.  PRENTICE —  Q.  By  whom  ?  A.  By  milk  inspectors  ;  four 
officers  engaged  were  inspectors  of  milk  of  the  Health  Department, 
all  of  whom  had  been  instructed  in  my  laboratory  as  to  the  proper 
method  of  testing  milk  with  the  lactometer  and  thermometer  and 
other  means  of  observation  ;  the  fifth  was  Dr.  "Waller,  who  is  the 
analytical  chemist  for  the  Health  Department.  These  five  men 
made  all  their  observations  under  my  direction  after  being  in- 
structed by  me  exactly  how  to  make  them,  and  they  reported  the 
results  to  me. 

Q.  This  paper  which  has  been  marked  for  identification  on  the 
part  of  the  defense,  does  it  contain  one  of  those  reports  ?  (Paper 
shown  to  the  witness.)  A.  It  does  ;  there  were  others  of  a  similar 
character. 

Q.  Is  that  another  ?    (Another  paper  shown.)    A.  This  is  another. 

Q.  You  have  begun  with  these  505  cows  ?     A.  In  each  case. 

COUNSEL — I  want  to  have  an  objection  and  exception  to  this 
gentleman  testifying  to  anything  that  was  not  done  within  his  per- 
sonal knowledge  in  answer  to  the  questions. 

The  COURT — Take  your  exception. 

Q.  Now,  sir,  if  you  will  go  on.  A.  The  strippings  from  the  cow 
represent  only  a  portion  of  the  milk  from  the  cow's  glands  and  that 
portion  is  cream,  or  at  all  events  richer  in  cream  than  the  average, 
consequently  all  the  milk  must  be  drawn  into  the  pail  and  mixed  to 
make  the  average  sample  of  milk  that  the  cow  produces.  A  sample 
of  that  in  the  case  of  each  cow  was  put  into  a  bottle  and  corked, 
and  cooled  to  60  Fahr.,  and  its  specific  gravity  was  then  taken  by 
the  lactometer.  In  these  505  cases,  192  were  made  in  the  summer 
of  1875,  which  was  an  average  summer,  and  of  those  192  cows,  not  a 
single  cow  furnished  milk  that  stood  below  102  on  the  lactometer  ; 
the  extremes  were  102  and  120  on  the  lactometer  in  192  cows.  The 


44  TESTIMONY   OF   CHAELES   F.    CHANDLER. 

past  year  was  a  peculiar  one,  and  the  inspectors  were  again 
sent  to  the  dairies  in  the  hot  weather  of  July.  The  last  week  in 
June  and  the  first  week  in  July,  an  additional  number  sufficient  to 
bring  the  whole  to  505  cows  were  tested  in  the  same  way. 

COUNSEL — I  move  to  strike  that  out  as  having  been  outside  the 
knowledge  of  the  witness.  Your  Honor  denies  that  motion,  and  I 
except. 

The  COURT — Yes,  sir. 

A..  The  result  of  this  investigation  was  that  four  cows  were  found 
who  produced  milk  below  100  by  the  lactometer ;  one  stood  at  96, 
two  stood  at  95,  and  one  stood  at  93,  at  a  time  when  the  pastures  were 
dried  up  and  the  cows  were  in  an  abnormal  condition,  a  time  which 
y/as  so  trying  to  all  animals,  and  which  caused  the  death  of  nearly 
twice  the  usual  number  of  children  in  New  York,  and  which  was  a 
period  which  subjected  the  cows  to  abnormal  conditions  ;  as  a  proof 
of  this,  two  cows  were  found  that  were  sick  ;  one  of  them  had 
aborted,  and  the  other  one  was  suffering  from  what  appeared  to  be 
rheumatism ;  one  of  these  cows  furnished  milk  which  stood  at  96, 
and  the  other  furnished  milk  which  stood  at  88  by  the  lactometer. 

By  COUNSEL  FOR  DEFENDANT — Q.  All  that  you  have  testified  to 
is  without  your  personal  knowledge  ?  A.  Yes,  sir. 

COUNSEL — Note  an  exception. 

By  Mr.  PRENTICE — Q.  These  facts  were  embraced  in  reports  to 
you  officially? 

(Objected  to  as  immaterial ;  objection  overruled  ;  exception.) 

A.  They  were. 

Q.  Go  on,  sir?  A.  Two  cows  known  to  be  sick  furnished  milk 
standing  below  100  ;  4  cows  out  of  505  not  proved  to  have  been  sick, 
though  it  was  a  time  when  all  animals  were  suffering  from  the  un- 
usual heat,  furnished  milk  that  stood,  the  lowest  at  93,  the  highest 
at  96 ;  that  was  the  result  of  the  observations  reported  to  me. 

Q.  Have  you  tabulated  these  observations  of  the  505  cows  ?  A. 
I  have  caused  them  to  be  tabulated  and  averaged. 

Q.  Have  you  that  here  ;  have  you  examined  it  and  know  it  to  be 
correct  ?  A.  I  have  not. 

Q.  From  your  reading  and  observation,  and  the  experiments 
that  you  have  caused  to  be  made,  has  there  been  any  experiment  or 
test  of  milk  from  a  sound,  healthy  cow  that,  under  normal  circum- 


TESTIMONY  OF  CHARLES  F.    CHANDLER.  45 

stances,  would  fall  below  100  on  the  lactometer  graduated  by  the 
standard  of  the  Board  of  Health  ? 

(Objected  to  ;  objection  overruled  ;  exception.) 

A.  I  do  not  recollect  a  case  in  which  any  cow,  under  normal  cir- 
cumstances, produced  a  sample  of  milk  which  stood  below  1.029,  or 
100,  on  the  lactometer  used  by  the  Board  of  Health. 

Q.  Doctor,  in  regard  to  experiments  and  observations  made  by 
chemists  and  scientific  men  in  the  determination  of  the  results  of 
scientific  inquiry,  is  there  what  is  called  an  error  of  experiment,  so 
that  an  average  has  to  be  taken  from  a  large  number  of  samples  ? 
A.  There  is. 

Q.  Now,  sir,  is  the  lactometer  a  means  of  determining  the  qual- 
ity of  milk,  or  anything  besides  its  specific  gravity  ?  A.  The  lacto- 
meter by  itself  simply  indicates  specific  gravity. 

Q.  And  nothing  else  ?     A.  And  nothing  else. 

Q.  Now,  sir,  I  will  be  glad  if  you  would  show  to  the  Court  and 
jury  the  manner  of  using  the  lactometer  ;  I  ask  you  to  take  the 
milk? 

(The  witness  here  made  experiments  with  milk.) 

A.  We  simply  place  the  milk  in  a  cylinder  and  put  in  the 
lactometer,  so  that  the  bubbles  which  may  form  shall  be  floated 
over  the  side  to  make  a  clear  surface  of  milk,  and  we  further  take 
care  that  the  upper  part  of  the  instrument  shall  not  become  cov- 
ered with  milk  ;  that  would,  of  course,  increase  its  weight,  and  make 
it  descend  to  a  greater  depth ;  then  we  introduce  the  thermometer  to 
ascertain  the  temperature.  I  have  not  taken  care  to  secure  exactly 
the  temperature  because  it  is  not  intended  to  proceed  against  the 
party  from  whom  this  milk  was  obtained  ;  the  temperature  is  actu- 
ally 67,  which  is  7  degrees  above  the  proper  temperature. 

By  COUNSEL  FOR  DEFENDANT — Q.  "What's  the  gravity  of  milk? 
A.  The  gravity  of  the  milk  is  82  by  the  lactometer. 

By  MR.  PRENTICE — Q.  Was  this  experiment  made  on  any  ratio  of 
temperature  and  gravity?  A.  No.  The  coefficient  of  expansion  for 
milk  is  variable,  consequently  it  is  not  possible  to  determine  before- 
hand what  the  conditions  by  the  lactometer  will  be  for  a  fixed  basis 
of  temperature,  and  a  correct  reading  of  the  lactometer  for  deviations 
from  the  standard  temperature  of  60 ;  the  only  safe  plan  is  to  cool  the 
milk  to  60.  Any  attempt  to  correct  the  lactometer  by  any  standard 


46  TESTIMONY   OF   CHAELES   F.    CHANDLER. 

between  the  lactometer  and  thermometer  cannot  be  done ;  if  the 
milk  however  stand  below  60  by  the  thermometer,  the  reading  of 
the  lactometer  will  be  in  favor  of  the  milkman,  because  the  milk 
is  heavier  when  cold  than  it  is  when  warm,  and  any  observation 
when  the  milk  is  cooler  than  60  is  in  favor  of  the  milkman.  We 
are  not  always  particular  to  order  the  milk  to  be  warmed  up  to  60. 

COUNSEL  FOR  DEFENDANT — I  ask  to  strike  out  that  portion  of  the 
testimony  about  the  particularity  to  heat  the  milk  as  immaterial 
and  irrelevant. 

The  COURT — I  decline  to  strike  it  out. 

COUNSEL — Note  an  exception. 

WITNESS — Here  I  have  a  sample  of  skimmed  milk,  in  which  the 
lactometer  stands  at  114,  showing  that  the  removal  of  the  cream  has 
increased  the  gravity  of  the  skimmed  milk,  but  at  the  same  time 
it  has  changed  its  appearance  and  made  it  thinner  than  genuine 
milk. 

By  COUNSEL  FOR  DEFENDANT — What  is  the  temperature  of  the 
latter,  Doctor  ?  A.  56. 

Q.  114  at  56,  is  that  it  ?  A.  Yes,  sir.  Here  I  have  a  sample  of 
cream ;  the  cream  stands  at  44. 

Q.  What  is  the  temperature,  Doctor  ?     A.  67. 

Q.  That  is  the  temperature  of  the  cream  ?     A.  Of  the  cream. 

By  MR.  PRENTICE — Q.  Try  this  ;  we  have  cooled  it  down  to  59. 
A.  It  stands  at  59  now ;  practically  the  same,  59  is  the  tem- 
perature. 

Q.  And  what  does  it  stand  on  the  lactometer  ?     A.  90. 

By  COUNSEL  FOR  DEFENDANT — Q.  Which  is  that,  Doctor?  A. 
That  is  the  first  sample. 

Q.  The  one  that  stood  at  82  originally  ?  A.  Yes,  sir  ;  in  the  first 
place  in  making  a  test  we  observe  by  the  manner  in  which  the  milk 
adheres  whether  it  is  thick  or  thin  milk  ;  if  it  is  genuine  milk  it  has 
a  consistency  which  is  between  that  of  cream  and  skimmed  milk ; 
the  cream  is  thick  and  it  is  yellowish ;  this  peculiar  consistency 
which  is  so  characteristic  of  cream  ;  the  skimmed  milk  is  watery 
and  semi-transparent ;  it  does  not  form  bubbles  readily  and  does 
not  retain  the  bubbles ;  the  cream  has  the  greatest  disposition  to 
retain  the  bubbles  and  the  genuine  milk  is  between  these  two  ex- 
tremes. 


TESTIMONY   OF   CHARLES   F.    CHANDLER.  47 

Q.  This  milk  when  you  first  tested  it  was  at  a  temperature  of  67 
and  a  lactometrical  degree  of  82  ;  I  believe  when  next  tested  it  was 
at  a  temperature  of  59  Fahr.  and  a  lactometrical  degree  of  90  ;  this 
shows  the  decrease  of  8  degrees  of  temperature  and  an  increase  of 
8  lactometrical  degrees,  does  it  not  ?  A.  I  did  not  follow  your 
figures. 

Q.  The  first  temperature  was  67,  the  last  59 ;  the  first  lactome- 
trical 82  and  the  last  90  ;  I  simply  want  to  see  if  I  am  correct  ?  A. 
Yes,  sir ;  the  can  which  was  handed  back  to  me  stands  at  90  on  the 
lactometer. 

By  Mr.  PRENTICE —  Q.  Now,  sir,  go  on  ?  A.  This  one  contains  a 
sample  of  commercial  milk  purchased  in  this  neighborhood. 

Q.  Is  that  pure  milk  or  not  ?     A.  It  is  not. 

Q.  What  does  it  show  ?     A.  It  shows  that  it  has  been  watered. 

Q.  What  does  the  next  contain  ?  A.  The  next  contains  skimmed 
milk  that  I  skimmed  myself. 

Q.  What  does  it  stand  at  ?     A.  114. 

Q.  What  is  the  next  one  ?     A.  The  next  one  is  cream. 

Q.  What  does  that  stand  at?     A.  44. 

By  Mr.  PRENTICE— I  would  submit  to  the  Court  and  the  learned 
gentlemen  it  would  be  agreeable  to  us  if  the  jury  would  be  permitted 
to  see  the  milk  that  is  there,  the  different  samples  and  to  read  the 
lactometer. 

Dr.  CHANDLER — I  simply  call  attention  to  the  fact  that  the 
skimmed  milk  is  very  thin,  consequently  when  the  lactometer  is  drawn 
out  of  it  the  liquid  runs  off  the  lactometer  and  leaves  it  clean ;  it  is 
thin  and  translucent  and  the  liquid  runs  readily  from  the  lactometer ; 
in  the  case  of  cream  the  liquid  is  thick  and  opaque  ;  it  takes  a  long 
time,  comparatively,  for  the  cream  to  run  off  the  lactometer ;  so 
that  observation  makes  it  easy  to  distinguish  between  cream,  which 
is  thick  and  makes  a  coating  and  skimmed  milk,  which  is  very  thin  ; 
now  this  watered  milk  is  between  the  two  ;  it  is  not  as  thin  as  the 
skimmed  milk  nor  is  it  as  thick  as  the  cream :  compared  with  the 
skimmed  milk,  it  does  not  run  off  as  rapidly  as  the  skimmed  milk 
does,  but  runs  off  much  more  rapidly  than  the  cream  does,  and  there 
is  a  difference  in  the  color. 

Q.  Those  are  all  lactometers  of  the  Health  Department,  are 
they?  A.  They  are. 


48  TESTIMONY   OF   CHARLES   F.    CHANDLEE. 

Q.  Now,  sir,  you  stated  that  the  rule  in  testing  milk  was  to  reduce 
it  to  a  standard  of  60  or  below,  instead  of  making  any  arithmetical 
computation  between  the  degrees  on  the  thermometer  and  the  lacto- 
meter; will  you  state  the  reason  for  that  ?  A.  Because  there  are  no  two 
samples  of  milk  in  which  there  is  exact  regularity  in  the  change  of 
the  gravity  with  the  change  of  temperature  ;  the  numbers  are  varia- 
ble, that  is  to  say,  that  one  degree  of  the  thermometer  does  not 
correspond  to  a  fixed  number  of  degrees  of  the  lactometer  or  to  any 
fixed  fraction  of  the  degrees  of  the  lactometer  ;  it  varies  at  different 
points  on  the  scale,  consequently  it  is  impossible  to  correct  the 
observation  of  the  lactometer  by  any  calculation  when  the  observa- 
tion is  not  made  at  60. 

Q.  Could  a  determination  be  made  on  a  single  specimen  of  milk  ? 
A.  Yes,  sir  ;  in  the  case  of  a  single  specimen  of  milk  the  variation 
could  be  determined,  but  it  would  only  hold  good  for  that  particular 
specimen  'of  milk,  because  the  proportions  of  fat,  caseine,  sugar,  and 
salts  and  water  are  variable  ;  they  are  not  the  same  in  any  two  sam- 
ples of  milk. 

Q.  In  order  to  bring  out  more  distinctly  one  fact  which  I  believe 
you  testified  to,  Doctor  ;  is  the  lactometer  a  test  of  any  fluid — is  it 
a  test  of  milk  or  any  fluid  ?  A.  It  is  a  test  of  specific  gravity. 

Q.  And  that  is  all  ?     A.  Nothing  further. 

Cross-examined  by  Mr.  LAWRENCE  : 

Q.  Doctor  Chandler,  how  many  lactometers  have  you  there  ?  A. 
Four. 

Q.  Have  you  tested  them  all  in  the  same  fluid  up  there  ?  A.  Not 
here. 

Q.  Will  you  test  them  all  in  one  fluid  and  see  if  they 
show  the  same  result — I  mean  in  one  of  those  jars  of  milk,  or  what- 
ever it  is  ?  A.  I  am  willing  to  do  so  ;  that  one  stands  at  114,  that  is 
in  the  skimmed  milk  ;  this  stands  at  117, 1  give  it  the  widest  variation 
under  the  reading ;  Prof.  Silliman  gives  it  116  ;  I  prefer  to  give  it 
the  extreme. 

Q.  Now,  if  you  will,  give  the  other?  A.  I  should  call  that  117; 
Prof.  Silliman  makes  it  116J  ;  we  do  not  consider  that  the  reading 
should  be  very  sharp,  for  we  never  arrest  a  man  unless  the  milk  is 
below  90. 


TESTIMONY  OF  CHARLES  F.  CHANDLER.  49 

Q.  I  ask  how  the  last  lactometer  stands  ?  A.  114J  ;  Prof.  Silli- 
man  reads  it  114. 

Q.  Now,  Dr.  Chandler,  I  ask  you  to  take  this  lactometer  and 
test  it  in  one  of  the  fluids  ? 

Mr.  PRENTICE — I  desire  to  ask  that  the  temperature  of  the  dif- 
ferent liquids  in  which  the  lactometers  have  been  placed  is  taken 
because  it  must  have  communicated  some  difference  to  the  lacto- 
meter itself.  The  lactometer  taken  from  one  fluid  there  would  be 
a  different  temperature  from  that  of  the  other  fluid  in  which  another 
one  has  been  inserted  unless  it  be  regarded  as  unimportant. 

WITNESS — 115  ;  this  liquid  is  at  60. 

MR.  LAWRENCE — Q.  Can  you  verify  the  lactometer  you  hold  in 
your  hand,  and  state  whether  it  is  correct  according  to  your 
standard  ?  A.  Not  well  here,  for  the  reason  that  we  verify  with 
solutions  of  salt  and  water,  and  we  introduce  them  into  salt  and 
water  of  known  specific  gravity,  and  ascertain  if  those  gravities 
correspond. 

Q.  As  far  as  you  can  now  tell,  sir,  is  there  any  important  vari- 
ance between  the  one  you  use  and  the  one  you  hold  in  your  hand  ? 
A.  Not  at  those  points  on  the  lactometer  ;  those  are  the  least  im- 
portant points,  however,  for  the  reason  that  they  are  above  100. 

Q.  Well,  sir,  try  it  in  the  cream  and  see  if  it  makes  substantially 
the  same  reading  as  in  your  instrument,  if  the  temperature  be  the 
same  ?  A.  It  touches  bottom  ;  it  is  too  long  for  this  cylinder. 

(Another  cylinder  was  furnished  the  witness.) 

A.  67  ;  it  stands  at  48. 

Q.  And  will  you  see  if  the  thermometer  is  the  same  ?  A.  It 
stands  at  67. 

Q.  Now  will  you  replace  your  lactometer  in  that  and  state  the 
result  ?  A.  It  stands  at  45 ;  I  am  not  sure  that  this  is  the  same 
lactometer ;  there  have  been  four  lactometers  here  that  have  been 
transposed. 

Q.  Try  another  ?  A.  Between  44  and  46  ;  I  estimate  it  at  about 
45  ;  Prof.  Barker  pronounces  it  47. 

By  Mr.  PRENTICE—  Q.  Take  that  one  ?     A.  I  should  call  that  45 ; 

I  would  explain  in  reading  the  lactometer  that  as  the  milk  adheres 

a  little  on  the  side  of  the  lactometer  the  surface  is  curved,  not  level, 

the  curved  portion  is  called  the  meniscus;  there  is  a  difference  in 

4 


50  TESTIMONY   OF   CHAKLES   F.    CHANDLER. 

the  habit  of  reading ;  one  selects  the  highest  part  of  the  curve, 
another  the  lowest,  according  to  habit ;  in  testing  milk  we  select  the 
highest  and  follow  that  invariably,  in  reading  as  far  as  we  can  see 
the  scale,  and  not  attempting  to  estimate  where  a  line  drawn  level 
across  the  entire  surface  of  the  fluid  would  strike  the  scale  below 
the  visible  portion ;  in  all  my  reading  I  have  read  that  portion  of 
the  scale  which  was  visible  to  the  eye  ;  the  milk  rises  on  the  surface 
of  the  lactometer  ;  I  call  this  one  45. 

Q.  Try  another  ?  A.  I  call  that  46 ;  possibly  more  than  46, 
rather  than  a  little  less ;  Prof.  Barker  says  46. 

By  COUNSEL  FOB  DEFENDANT — Q.  Now,  Doctor,  can  you  now  tell 
whether  there  is  any  material  variance  between  this  lactometer  and 
the  one  you  have  used  ?  A.  I  have  not  kept  those  figures  in  my 
head  ;  there  is  a  margin  of  two  or  three  degrees  in  the  five  instru- 
ments tested. 

Q.  Could  you  test  this  to-night  ?  A.  I  have  other  engagements ; 
I  don't  care  to  spend  the  evening  in  testing  another  man's  lactome- 
ter ;  I  have  a  consultation  this  evening  in  connection  with  another 
law  suit,  and  it  would  be  impossible  for  me  to  devote  the  evening  to 
that  investigation  ;  if  Dr.  Waller  is  willing  to  test  it — 

Q.  I  produce  the  same  bottle  previously  exhibited  to  Dr.  White 
containing  the  same  contents,  and  ask  you  to  apply  the  test  of  the 
lactometer  to  that,  at  a  temperature  of  60  Fahr.,  and  give  the  read- 
ing ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  Now,  Doctor,  how  do  you  test  the  gravity  of  the  salt  solution 
in  which  you  test  your  lactometers  ?  A.  By  means  of  a  balance. 

Q.  You  provide  your  officers  with  thermometers,  do  you  not  ?  A. 
I  do. 

Q.  Have  you  always  done  that  ?  A.  Originally,  in  the  early 
stage  of  this  business,  the  thermometer  was  sometimes  used  and 
sometimes  not ;  when  it  was  used  it  was  simply  for  a  very  careful 
determination  of  the  specific  gravity  ;  when  it  was  not  used  it  was 
because  it  is  possible  in  testing  the  milk  by  means  of  the  lactometer 
and  tasting  it  to  determine  whether  it  approximates  to  60  Fahr., 
and  therefore  it  was  not  considered  necessary  to  determine  with 
absolute  certainty. 

Q.  I  simply   want  an  answer  to  that  specific   now  ;  when  was  it 


TESTIMONY   OF   CHARLES   F.    CHANDLER.  51 

you  began  providing  your  officers  who  tested  milk  with  ther- 
mometers ?  A.  When  we  found  that  the  milk  dealers  of  the  city 
had  banded  together,  and  had  employed  counsel  to  press  the  Board 
upon  every  detail  on  these  points. 

Q.  You  found  that  out  after  the  milk  dealers  had  ?  A.  No,  sir  ; 
I  do  not  consider  it  necessary  to  use  the  thermometer  now ;  we  do 
use  it  simply  because  it  becomes  necessary  in  these  suits  to  deter- 
mine the  exact  specific  gravity  ;  it  is  not  necessary  to  determine  the 
exact  specific  gravity  in  order  to  determine  whether  the  milk  is 
watered  or  not. 

Q.  Every  time  that  your  assistant  uses  the  lactometer  he  uses 
the  thermometer  ?  A.  He  does  it  simply  because  he  expects  to  be 
met  in  court  by  captious  opposition  to  this  test. 

Q.  He  does  it  ?     A.  He  does  it, 

Q.  How  do  you  use  the  balances  in  determining  the  specific 
gravity  of  the  solution  with  which  you  test  your  lactometer  ?  A. 
I  have  a  delicate  little  bottle  provided  with  a  thermometer  and  a 
carefully  fitting  stopper,  so  arranged,  that  I  can  fill  it  at  any  desired 
temperature  absolutely  full  of  pure  distilled  water  ;  having  first 
ascertained  the  exact  weight  of  the  empty  bottle  ;  I  then  fill  it  with 
pure  water  and  at  the  same  temperature  and  weigh  it  again  ;  sub- 
tracting the  weight  of  the  empty  bottle  from  the  weight  of  the  bottle 
filled  with  pure  water,  I  ascertain  the  exact  weight  of  the  water 
which  that  bottle  holds  at  the  temperature  of  the  experiment  which 
I  select,  generally  a  little  above  the  temperature  of  the  atmosphere 
at  the  time  ;  I  then  fill  it  with  any  liquid  the  specific  gravity  of 
which  I  desire  to  know  ;  warm  it  to  the  same  temperature  at  which 
I  weighed  the  water  and  weigh  it  again  ;  there  is  an  overflow  pro- 
vided on  the  bottle,  so  that  as  the  liquid  expands  until  it  reaches 
the  standard  of  temperature  for  the  experiment,  the  excess  runs 
over  and  is  wiped  off ;  I  have  then  filled  my  bottle  exactly  full  at 
say  70  Fahr.  with  water,  and  exactly  full  at  70  degrees  Fahr.  with  a 
saline  solution,  having  weighed  them  both  upon  the  balance  and  on 
subtracting  the  weight  of  the  bottle  itself  from  the  two  weighings  I 
have  the  comparative  weights  of  pure  water  and  the  salt  solution ; 
this  is  the  simplest  method  of  arriving  at  this  result. 

Q.  Is  that  all?     A.  Yes,  sir. 

Q.  Now,  sir,  will  you  name  the  authorities  to  which  you  referred 


52  TESTIMONY   OF   CHARLES   F.    CHANDLER. 

in  your  direct  examination  as  sustaining  the  lactometer  ,  you  stated 
you  were  familiar  with  the  standard  European  and  American  autho- 
rities on  the  subject ;  I  want  you  to  give  the  names,  as  far  as  you 
can,  of  those  you  referred  to  ?  A.  May  I  consult  this  book  ? 

Q.  Yes,  sir  ?  A.  I  have  read  the  Milk  Journal  for  a  number  of 
years  ;  a  year  or  two,  at  least ;  I  have  examined  Wanklyn,  HassalL 

Q.  What  is  the  full  title  of  those  books  ?  A.  The  first  is  the 
Milk  Journal,  an  English  journal. 

Q.  What  year  ?  A.  Somewhere  in  the  year  1870 ;  I  have  for- 
gotten the  exact  date  ;  Du  Lait  et  de  I' Allaitement,  by  C.  Marchand, 
Milk  Analysis,  by  J.  A.  Wanklyn. 

Q.  What  is  that  edition  of  Wanklyn?  A.  The  last  edition,  I 
presume ;  I  am  not  quite  sure  about  that ;  I  will  qualify  my  answer 
when  I  have  given  the  titles  of  these  books  ;  Food,  and  its  Adultera- 
tions, the  last  edition,  by  Hassall;  Gmelin's  Ghemie. 

Q.  What  edition  is  that  ?     A.  The  last  German  edition. 

Q.  Do  you  recollect  the  year  ?  A.  No  ;  because  it  is  in  succes- 
sive numbers,  and  it  has  been  ten  years  in  publication ;  Watts'  Dic- 
tionary and  supplements. 

Q.  Which  supplements,  Doctor  ?  A.  Both  ;  C.  Mueller's  Anleit- 
ing  zur  Pruefung  der  Kuhmilch. 

Q.  When  was  that  published,  and  what  is  the  edition  ?  A.  It 
was  the  first  and  the  last  edition ;  I  have  examined  them  both. 

Q.  Is  that  a  New  York  publication  ?  A.  Published  in  Germany  ; 
in  Switzerland,  rather ;  I  have  further  read  all  the  papers  that  have 
appeared  in  the  Jahresberichfc  der  Agrikultur  Chemie  ever  since  it 
was  published,  I  think,  about  ten  years ;  I  have  also  read  everything 
on  the  subject  of  milk  that  has  been  published  in  Wagner's 
Jahresbericht  der  Chemischen  Technologie,  and  in  the  Jahresbericht 
der  Thier  Chemie ;  these  journals  contain  abstracts  of  all  papers 
published  in  Germany  on  these  subjects ;  I  have  forgotten  whether 
your  question  involved  my  discriminating  with  regard  to  the  exact 
opinion  which  these  authors  on  the  lactometer  hold. 

Q.  Any  other  authorities ?  A.  These  are  the  chief  names;  I 
could  give  them  all,  if  desired  to  look  through  my  notes  carefully. 

Q.  If  you  could  name  any  others,  I  would  like  them  ?  A.  I  have 
read  Yon  Baumhauer  ;  I  would  state  that  many  of  these  books  that 
I  have  alluded  to  contain  resumes  of  all  the  authors  on  the  subject; 


TESTIMONY  OP  CHARLES  A.   GOESSMANN.  53 

most   of  them   are    compilations;    that   is   the    case    with   Watts' 
Dictionary. 

Q.  How  about  Quevenne  ?  A.  I  think  that  is  one  of  the  books 
in  my  library  that  I  have  looked  through. 

Q.  Is  that  a  standard  work  ;  is  that  authority  upon  the  subject 
upon  which  it  treats  ?  A.  Each  of  these  books  is  more  or  less 
authority. 

Q.  Do  you  include  Quevenne  and  Von  Baumheaur  ?  A  Tes,  sir ; 
they  are  and  fifty  more  if  I  would  recall  the  names  ;  I  have  Trom- 
mer's  works  011  the  examination  of  milk. 

The  Court  adjourned. 

[Chandler's  testimony  continued  on  page  60.] 


WEDNESDAY,  DECEMBER  20,  1876. 
CHARLES  A.  GOESSMANN  sworn  and  examined  by  Mr.  PRENTICE. 

Q.  Dr.  Goessmann,  you  are  a  chemist  by  profession  ?  A.  Yes, 
sir. 

Q.  How  long  have  you  been  so  ?  A.  About  twenty-five  years, 
probably  more. 

Q.  You  are  a  Doctor  of  Philosophy  ?     A.  Yes,  sir. 

Q.  Of  what  university?     A.  The  University  of  Goettingen. 

Q.  And  are  at  present  professor  of  what  ?  A.  Professor  of 
Agricultural  Chemistry  and  Chemistry  at  the  Massachusetts  Agri- 
cultural College. 

Q.  At  Amherst  ?     A.  At  Amherst. 

Q.  Will  you  please  state  briefly  the  course  of  your  study  and 
the  class  of  subjects  to  which  you  have  specially  given  attention 
in  your  profession  ?  A.  I  have  studied  for  seven  years  at  the 
University  of  Goettingen  ;  I  was  promoted  after  four  years  as  a 
doctor  of  philosophy  ;  was  public  lecturer  for  two  years  afterwards 
in  the  university,  and  assistant  in  the  government  laboratory  at  the 
University  of  Goettingen. 

Q.  Of  Hanover  ?  A.  Yes,  sir  ;  Hanover.  I  subsequently  moved 
to  this  country  and  engaged  in  technical  enterprises.  In  1857  I 
came  to  this  country  ;  I  managed  for  three  years  and  a  half  a  large 
sugar  house  ;  subsequently  took  charge  of  the  salt  works  at  Syra- 
cuse for  eight  years,  and  was  chemist  to  the  salt  company  of  Onon- 


54  TESTIMONY  OF  CHAELES  A.   GOESSMANN. 

daga  for  the  manufactory  of  dairy  salt,  for  eight  or  nine  years  ;  in 
1868  or  1869,  I  moved  to  Amherst,  the  winter  of  1868,  and  have 
since  been  teaching  agricultural  and  general  chemistry  at  the  state 
college  of  the  State  of  Massachusetts,  where  I  am  engaged  at 
present ;  I  have  been  teaching  agricultural  chemistry  in  relation  to 
the  dairy  to  the  students  for  the  last  six  or  eight  years  ;  private 
investigation  I  must  say  I  began  two  years  ago  ;  previous  to  that 
my  teachings  have  been  taken  from  the  books  to  a  large  extent 
and  general  collections  from  experience,  but  for  the  last  two  years  I 
have  made  a  specialty  now  and  then  to  illustrate  to  the  students 
practically  the  analysis  of  milk  and  the  application  of  various 
instruments  for  the  testing  of  milk. 

Q.  Now,  sir,  tell  me  what  is  this  lactometer  ?  A.  The  lactometer 
is  a  hydrometer  for  a  specific  purpose  constructed  in  the  same  man- 
ner as  we  apply  the  hydrometer  for  different  other  branches  of  in- 
dustry, constructed  with  only  arbitrary  scales  to  suit  purposes  for 
different  branches  of  industry  ;  for  salt  works  we  have  the  salin- 
ometer,  for  acids,  the  acidometer,  and  for  alcohols,  the  alcoholometer. 

Q.  The  lactometer  is  for  milk?  A.  Is  for  milk,  to  test  the 
specific  gravity  of  milk. 

Q.  Now,  sir,  is  there  any  more  accurate  method  for  determining 
the  specific  gravity  of  liquids  than  by  the  use  of  such  an  instru- 
ment ?  A.  There  are  different  ways  by  which  it  may  be  tested,  but 
I  cannot  give — 

Q.  This  is  as  accurate  as  any  other  ?  A.  As  accurate  as 
any  other  and  in  my  opinion  easier  carried  out  than  any 
other. 

Q.  "Well,  sir,  there  are  lactometers  graduated  at  different  rates 
are  there,  the  scales  ?  A.  Yes,  sir,  there  are  a  number  which  have 
been  introduced  in  the  course  of  time.  We  have  one  somewhat 
obsolete,  Druffle's  milk  balance,  having  only  20  degrees. 

Q.  You  have  stated  that  there  are  others  and  some  that  are 
obsolete  ?  A.  Yes,  sir. 

Q.  I  will  ask  you  of  a  lactometer  at  a  standard  of  1.029  your 
opinion  of  that  as  a  safe  test  for  milk?  A.  That  is  Dinocourt's. 

Q.  Well,  sir,  what  do  you  think  of  that  standard  for  milk  ? 
A.  That  is  recognized  best  on  the  lowest  standard  of  a  commercial 
article  of  milk. 


TESTIMONY   OF   CHARLES   A.    GOESSMANN.  55 

Q.  This  instrument  is  used  in  connection  with  the  thermometer  ? 
A.  "With  the  thermometer  always.  Comparative  weights  are  tested 
by  comparative  temperature. 

Q.  A  moment  ago  you  spoke  of  this  instrument,  if  I  under- 
stand you  rightly,  as  a  balance ;  it  is  so  in  effect,  is  it  ?  A.  Yes, 
sir. 

Q.  And  sometimes  spoken  of  as  such  ?     A.  Yes,  sir. 

Q.  Now,  sir,  at  what  rate  of  warmth  should  the  test  be  made  by 
the  thermometer  ;  at  what  rate  of  heat  or  cold  ?  A.  60  Fahr.  is  the 
temperature  agreed  upon. 

Q.  Professor,  is  the  analysis  any  more  accurate  method  of  deter- 
mining the  specific  gravity  than  the  lactometer  properly  used? 
A.  As  long  as  we  cannot  distinguish  between  the  water  which  milk 
contains  by  nature  and  the  water  which  is  added  the  analysis  can- 
not form  a  better  proof  than  the  comparative  test.  As  long  as  the 
minimum  of  solids  is  not  fixed  and  recognized  among  scientific  men 
I  cannot  see  that  analysis  can  give  any  more  definite  result  at  the 
present  time. 

Q.  Well  now,  sir,  in  investigations  of  milk  has  there  been  arrived 
at  among  scientific  men  any  fixed  standard  of  specific  gravity  of  milk 
in  a  normal  condition?  A.  The  current  of  opinion  among  scientific 
men  is  that  the  average  of  milk  marked  varies  from  1.029  to  1.033, 
1.029  being  the  hundred  scale  of  the  lactometer  of  the  Board  of 
Health  as  far  as  I  understand. 

Q.  Well,  sir,  if  milk  on  the  lactometer  adjusted  at  the  scale  of 
1.029,  at  a  temperature  of  60  Fahr.,  should  mark  90,  what  would  you 
say?  A.  I  would  assume  that  something  lighter  than  milk  had 
been  added. 

Q.  If  it  were  commercial  milk?     A.  The  most  reasonable  con- 
clusion would  be  water. 

Q.  At  what  rate  ?     A.  About  10  per  cent. 

Q.  Do  yojj.  know  commercial  milk,  at  what  rate  it  should  stand  ? 
A.  From  1.029  to  1.033. 

Q.  Your  reading  and  preparation  for  your  profession  and  for 
these  special  investigations  that  you  have  made,  have  they  embraced 
the  experiments  and  observations  made  in  France,  Switzerland  and 
other  countries  ?  A.  I  am  familiar  with  the  literature. 

Q.  And  will  you  now  state  what  the  data,  the  facts  and  opinions 


56  TESTIMONY  OF   CHARLES  A.    GOESSMANN. 

to  be  derived  from  the  French  authorities  and  from  what  range  of 
observation  ? 

(Objected  to  as  calling  upon  the  witness  to  state  the  contents  of 
those  authorities.) 

Q.  From  what  range  of  observations  reported  in  the  best  stand- 
ard French  writers  upon  the  subject  of  milk  and  its  tests  has  the 
best  opinion  been  derived  about  a  fixed  standard  of  milk  and  the 
use  of  the  lactometer  ? 

(Objected  to  as  calling  on  the  witness  to  state  opinions  of  others 
and  to  discriminate  between  them ;  objection  overruled  ;  exception.) 

A.  The  tests  reported  are  stated  to  be  6,000  by  Quevenne  and 
the  statement  is  made  by  Dr.  Christian  Mueller,  the  director  of  the 
milk  station  in  Thun,  in  Switzerland,  who  is  considered  an  expert 
in  that  business. 

Q.  At  what  range  of  observations  there  ?  A.  In  Switzerland 
there  are  a  number  of  observations  ranging  from  twenty  to  forty  at 
a  time,  but  I  do  not  remember  exactly  in  what  proportion,  yet  I 
remember  that  it  is  about  such  a  proportion  as  ten. 

Q.  Is  the  opinion  that  you  have  expressed  according  to  the  best 
authorities  in  regard  to  the  use  of  the  lactometer  for  detecting  the 
watering  of  milk  ?  A.  The  lactometer  is  not  an  instrument  to  de- 
tect small  quantities  of  water  in  the  milk  within  that  scale. 

Q.  I  ask,  is  the  opinion  which  you  have  already  expressed  as  to 
the  use  of  the  lactometer  for  detecting  the  watering  of  milk  con- 
sistent with  the  best  authorities  on  this  subject  ?  A.  Yes,  sir,  the 
lactometer  is  recommended  by  Mueller  himself  in  consequence  of 
experiments  by  himself  throughout  Germany  and  other  countries. 

Q.  Is  your  opinion  that  you  have  expressed  at  variance  with  or 
in  accordance  with  the  best  opinion  of  the  best  authorities  ? 

(Objected  to  ;  objection  overruled  ;  exception). 

A.  I  think  it  is. 

Cross-examined  : 

Q.  Now,  Professor,  won't  you  give  us  the  names  of  the  standard 
authorities  to  which  you  refer  ?  A.  Of  standard  authorities  I  might 
name  Fleischmann,  Vogel,  Mueller ;  these  are  principally  some  of  the 
original  investigators  ;  those  who  have  compiled  I  have  not  taken 
care  of. 


TESTIMONY  OF  CHAKLES  A.    GOESSMANN.  57 

Q.  There  are  a  great  many  more  ?  A.  Yes,  sir  ;  every  text  book 
on  chemistry  used— 

Q.  Can  you  designate  any  others  ?  A.  Proskauer ;  he  is  a 
chemist  on  the  Prussian  experimental  station. 

Q.  Where  can  that  book  be  found,  where  is  it  published  ?  A.  I 
have  not  his  original  work  ;  I  derive  this  opinion  from  the  publica- 
tions in  the  leading  journals. 

Q.  What  leading  journals  ?  A.  The  Agricultural  Gazette  of 
London,  before  mentioned,  and  the  Milk  Journal ;  every  agricultural 
periodical  in  Germany  might  be  found  to  contain  facts  on  these 
questions,  and  also  the  publication  of  the  milk  experiment  station 
at  Thun. 

Q.  You  say  that  Quevenne  made  6,000  tests  of  milk  ?  A.  That 
is  stated  by  Christian  Mueller,  the  Director  of  the  experiment  station 
at  Thun. 

Q.  I  do  not  understand  you  stating  that  of  your  own  knowledge  ? 
A.  No,  sir  ;  derived  from  books. 

Q.  Of  those  6,000  tests  can  you  tell  how  many  fell  below  1.029? 
A.  I  do  not  know  that  one  is  recorded. 

Q.  Will  you  be  certain  that  not  one  sample  below  1.029  is  re- 
corded in  Quevenne  ?  A.  I  accept  it  on  the  authority  of  Mueller ; 
I  do  not  think  that  any  is  recorded ;  that  is  all  I  can  say. 

By  the  COURT — Q.  Is  that  your  recollection  ?  A.  My  recollec- 
tion is  that  none  is  stated  in  connection  with  that  statement ;  that 
is  all  I  can  say. 

COUNSEL — Q.  Are  you  acquainted  with  Hassall's  books  on  the 
adulteration  of  food  ?  A.  I  am  acquainted  with  it ;  but  I  have  not 
examined  it  on  this  particular  question. 

Q.  Is  that  a  book  of  good  authority  ?  A.  It  is  looked  upon  as 
such  ;  it  may  be  a  good  compilation  ;  I  look  upon  these  compilations 
coming  from  chemists — 

Q.  Can  you  tell  whether  Hassall  in  that  book  records  any  milk 
below  1.029  ?  A.  I  have  not  opened  the  book  for  that  purpose. 

Q.  Now,  in  case  milk,  coming  from  cows  in  a  good  normal  condi- 
tion, can  be  found  in  a  variety  of  instances  of  the  specific  gravity 
below  1.029,  will  not  you  say  that  the  lactometer  as  at  present 
graduated  at  the  standard  of  1.029,  is  graduated  too  high  ?  A.  As 
far  as  milk  of  an  individual  cow  is  concerned,  I  would  not  pro- 


58  TESTIMONY   OF   CHARLES   A.    GOESSMANN. 

nounce  until  I   knew  that  the  cow  was  well  fed  and  in  a  healthy 
condition. 

Q.  If  you  assume  that  the  cow  is  healthy  and  well  fed,  that  the 
milk  is  pure,  if  you  first  satisfy  yourself  of  all  this  and  then  from  a 
variety  of  cows,  not  a  single  one,  find  milk  the  specific  gravity  of 
which  at  60  Fahr.  falls  below  1.029,  will  you  yet  say  that  the  lacto- 
meter is  graduated  at  too  high  a  scale  when  it  is  placed  at  1.029?  • 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  Now,  Professor  Goessmann,  you  stated  it  as  your  opinion,  did 
you  not,  that  1.029  is  the  lowest  specific  gravity  at  which  pure  milk 
can  be  found  ?  A.  That  is  the  statement. 

Q.  Do  you  state  it  as  your  opinion  ?  A.  I  never  found  it  so 
low. 

Q.  Now,  in  case  you  found  milk  lower,  your  opinion  as  to  the 
standard  would  change,  would  it  not  ?  A.  I  would  inquire, 
doubtless,  before  I  would  decide. 

Q.  In  case,  after  inquiry  into  all  the  details  of  the  case,  you  had 
satisfied  yourself  that  the  milk  was  everything  it  ought  to  be,  would 
not  your  opinion  then  change  ? 

(Objected  to  ;  objection  overruled ;  exception.) 

Q.  Now,  sir,  you  say  that  the  lactometer  is  always  used  in  con- 
nection with  the  thermometer,  do  you  not  ?  A.  I  can  conceive 
a  case  where  I  would  add  another  test. 

Q.  I  ask  you,  is  it  always  necessary  to  use  the  thermometer  with 
the  lactometer  ?  A.  Oh  yes,  certainly. 

Q.  You  differ  from  Prof.  Chandler  in  his  testimony,  yesterday, 
when  he  said  it  was  not  necessary  ?  A.  It  may  be  that  so  much 
experience  makes  it  not  necessary  to  use  in  every  case  the  ther- 
mometer. 

Q.  Now,  sir,  is  analysis  the  most  correct  and  accurate  method 
of  testing  milk  ?  A.  I  think  that  analysis  in  the  present  state  of 
science  does  not  definitely  settle  the  question  for  two  reasons ;  as 
long  as  there  is  not  a  minimum  of  solid  matter  recognized  by  scien- 
tific men  as  a  standard,  and  as  long  as  added  water  in  the  milk  can- 
not be  distinguished  by  analysis,  I  think  that  analysis  cannot 
advance  the  question  at  the  present  time,  at  the  present  state  of 
the  inquiry,  I  mean. 

Q.  You  differ  from  the  authorities  which  hold  that  analysis  is 


TESTIMONY  OF  CHAKLES  A.   GOESSMANN.  59 

a  perfect  test  for  milk  ?     A.  Certainly,  conditionally  of  course,  as  I 
modified  iny  answer. 

Q.  I  do  not  ask  you  now  what  is  a  perfect  test  for  milk,  but  I 
ask  you  to  state  to  the  jury  what  is  the  best  test  for  milk  that  is 
now  within  the  reach  of  scientific  men?  A.  As  far  as  the  composi- 
tion of  milk  is  concerned  the  relative  different  constituents  in 
the  milk,  of  course  the  chemical  analysis  might  give  special  infor- 
mation ;  as  far  as  water  is  concerned,  I  think  the  lactometer  gives- 
as  safe  a  one  as  any  other. 

Q.  Well,  will  the  lactometer  show  how  much  of  any  one  ingredi- 
ent it  contains?  A.  No  ;  it  is  an  instrument  not  to  test  the  con- 
stitution of  milk,  but  a  certain  property  of  milk,  the  specific  gravity. 

Q.  Now,  sir,  will  an  analysis  show  how  much  of  each  ingredient 
the  milk  contains  ?  A.  In  regard  to  water,  if  I  had  not  taken  the 
milk  myself  I  would  of  course  repeat  my  experiment ;  it  would  be 
only  an  individual  case. 

Q.  Will  analysis  show  how  much  water,  how  much  butter,  how 
much  caseine,  and  how  much  salt  the  milk  contains  ?  A.  It  will 
give  the  exact  proportion  of  the  constituents  contained  in  that  sam- 
ple, that  is,  according  to  the  best  modes  we  have  of  separating  them 
from  each  other. 

Q.  Now,  suppose  two  samples  of  milk  to  exist  to  one  of  which 
cream  has  been  added,  to  the  other  of  which  water  has  been  added, 
will  the  lactometer  show  which  contains  the  added  water  and 
which  the  added  cream  ?  A.  The  lactometer  will  not  alone  show 
the  exact  proportion  ;  it  will  make  it  lighter  ;  it  depends  on  the 
proportion  of  the  substance  added. 

Q.  Well,  now,  adding  water  to  milk  makes  it  lighter  by  the  lacto- 
meter and  adding  cream  makes  it  lighter  also,  does  it  not  ?  A.  Yes, 
sir. 

Q.  In  case  two  samples  of  milk  exist  which  when  tested  by  the 
lactometer  give  each  the  same  result,  each  stands  at  the  same  de- 
gree and  to  one  of  those  samples  water  has  been  added  and  to  the 
other  cream  has  been  added,  will  the  lactometer  show  to  which  the 
water  has  been  added  and  to  which  the  cream  has  been  added  ? 
A.  If  I  did  not  look  at  the  sample  both  have  the  same  effect ;  the 
question  would  then  be  to  call  my  other  senses  and  my  experience 
into  account  and  judge  from  that. 


60  TESTIMONY   OF   CHAELES  F.    CHANDLER. 

Q.  But  from  the  lactometer  alone  that  would  not  appear  ?  A. 
No. 

Q.  Will  you  from  your  senses  tell  what  is  in  that  bottle  ? 

(Bottle  shown). 

A.  No  ;  I  know  too  much. 

Q.  Then  you  regard  the  lactometrical  test  as  being  as  sure  a  test 
as  analysis  ?  A.  Yes,  sir  ;  for  that  particular  point. 

By  Mr.  PRENTICE — Q.  With  the  two  samples  of  milk  given  to 
you,  one  that  has  been  doctored  by  the  addition  of  cream  and  the 
other  by  water  so  that  they  present  in  that  shape  the  same  grade  of 
specific  gravity  submitted  to  an  expert  in  the  testing  of  milk  who 
will  use  his  other  senses  and  all  of  them  necessary,  will  it  be  pos- 
sible for  him  to  distinguish  between  the  two  samples  ? 

(Objected  to    objection  sustained.) 

By  the  COURT — Q.  I  ask  you  in  view  of  the  question  which  I 
have  permitted  and  which  you  have  answered,  now  say  you  took  a 
gallon  of  milk  and  you  put  two  quarts  in  one  vessel  and  two  quarts 
in  another  and  you  acid  a  spoonful  of  cream  to  one  and  a  quart  of 
water  to  the  other,  will  the  lactometer  tell  which  the  water  is  in  ? 
A.  The  quantity  of  water  of  course  would  affect  the  lactometer  more 
than  a  small  quantity  of  cream  in  the  same  proportion  of  specific 
gravity,  whatever  might  be  the  quantity  arranged. 

Q.  You  put  a  tablespoonful  of  cream  to  two  quarts  and  you  add 
a  quart  of  water  to  the  other,  the  lactometer  would  tell  the  water, 
would  it  ?  A.  Certainly. 

CHARLES  F.  CHANDLER,  recalled  by  COUNSEL  FOR  THE  DEFENDANT,  for 
cross-examination. 

Q.  Now,  Doctor  Chandler,  I  understand  you  to  say  that  the  lac- 
tometers used  by  the  Board  of  Health  are  adjusted  under  your  spe- 
cial personal  direction  ?  A.  Yes,  sir. 

Q.  You  take  great  care,  do  you  not,  that  they  should  all  be  accu- 
rate and  that  they  should  be  alike  ?  A.  I  take  great  care  that  they 
should  be  exact  at  the  hundred  point,  which  is  the  essential  point 
or  the  lactometer,  but  when  they  get  down  to  44  it  is  immaterial 
whether  the  lactometer  reads  45, 44,  or  43,  or  when  they  get  up  to  114 
it  is  immaterial  whether  they  read  114,  115,  or  116 ;  the  essential 


TESTIMONY  OF  CHAELES  F.  CHANDLER.  61 

point  is  the  100th  mark,  and  that  is  determined  with  great  accuracy 
on  those  four  lactometers  that  I  used  yesterday. 

Q.  Then,  Dr.  Chandler,  do  I  understand  you  correctly  that  the 
100  mark  is  the  only  point  at  which  this  lactometer  is  correct  ?  A. 
I  would  not  say  it  is  the  only  point  at  which  it  is  absolutely  cor- 
rect ;  I  can  tell  by  referring  to  my  notes  if  you  will  allow  me  to  do  so. 

Q.  Will  you  designate  any  other  point  except  the  100  mark  at 
which  the  lactometer  is  absoluely  correct.  A.  88  on  that  lactometer 
is  correct;  104  on  that  lactometer  is  correct ;  100  on  that  lactometer 
is  correct. 

Q.  Any  others  ?  A.  I  think  68  was  absolutely  correct ;  there 
are  five  points  on  that  lactometer  which  unless  my  memory  fails 
me  are  absolutely  correct ;  it  was  tested  at  five  points. 

Q.  Now  as  to  all  the  four  lactometers  we  examined  yesterday,  is 
each  one  of  those  correct  at  all  the  points  you  designate  ?  A.  I 
think  there  are  one  or  two  points  at  which  one  of  them  was  not  cor- 
rect ;  they  were  all  correct  at  the  100th  point  and  at  104. 

Q.  Then  why,  sir,  did  they  all  disagree  at  114  and  figures  above  ? 
A.  Because  it  is  not  necessary  in  constructing  such  fragile  instru- 
ments of  that  kind  to  make  the  unimportant  portions  of  the  scale 
absolutely  accurate ;  it  would  make  them  something  like  twice  as 
expensive,  and  we  have  difficulty  enough  in  getting  money  to  pay 
for  these  from  the  City  Treasurer ;  it  is  a  simple  question  of  ex- 
pense in  the  cost  of  the  lactometer  whether  every  mark  upon  it  shall 
be  absolutely  correct. 

Q.  How  much  do  those  cost  at  retail  ?  A.  I  think  we  pay  a 
dollar  apiece. 

Q.  Don't  you  know  that  the  lactometers  used  by  the  milkmen 
cost  three  dollars  ?  A.  If  they  choose  to  have  a  thermometer  in- 
serted in  the  lactometer  they  increase  the  expense. 

Q.  Do  you  use  an  inferior  instrument  ?  A.  No,  sir ;  I  tested 
one  of  your  instruments  and  it  was  inaccurate  at  the  100  mark. 

Q.  "What  do  you  mean  by  my  lactometer  ?  A.  The  one  you 
handed  to  Dr.  Waller  yesterday. 

Q.  Now,  Dr.  Chandler,  aside  from  the  fact  that  out  of  120  de- 
grees on  your  instrument  you  can  only  designate  five  which  are 
absolutely  correct,  can  you  state  any  other  mechanical  defect  in 
this  instrument,  or  are  there  any  ?  A.  I  am  not  aware  of  any. 


62  TESTIMONY  OF  CHARLES  F.   CHANDLER. 

Q.  Now,  sir  ;  is  the  lactometer  correct  at  20  ?  A.  I  am  not  sure 
that  the  scale  on  that  lactometer  goes  down  to  20. 

Q.  It  does  ?  A.  I  do  not  know  ;  I  never  have  tested  the  20 
mark ;  that  is  a  mark  we  have  no  occasion  to  use. 

Q.  Why  do  you  put  it  there  ?  A.  Ask  the  maker  ;  44  is  as  low 
as  we  find 

Q.  I  beg  your  pardon,  I  understood  you  to  be  the  maker  ?  A. 
No,  sir ;  I  am  not  a  maker  of  lactometers,  I  simply  test  them. 

Q.  You  testified  yesterday,  did  you  not,  that  the  four  instances 
outside  of  your  personal  knowledge,  found  by  your  assistants  at 
which  cows  yield  milk,  which  when  pure  at  60  Fahr.  stood  below 
the  100  on  the  lactometer,  were  the  cows  in  an  abnormal  unhealthy 
condition  ?  A.  I  said  that  they  were  cows  that  were  feeding  under 
abnormal  circumstances,  and  that  as  two  other  cases  of  milk  stand- 
ing below  100  were  known  to  be  cows  that  were  sick,  and  as  these 
cows  were  feeding  under  very  trying  and  abnormal  conditions,  and 
were  exceptions  in  a  very  large  number  of  cases,  although  there  was 
absence  of  direct  proof  of  an  unhealthy  condition,  there  was  a  rea- 
sonable ground  to  suppose  that  such  exceptional  cases,  at  an  excep- 
tional time  and  season,  were  due  to  an  unhealthy  condition  of  the 
animals. 

Q.  The  milk  was  sent  k>  New  York  during  that  season,  was  it 
not,  Doctor?  A.  I  presume  it  was. 

Q.  It  arrived  in  the  hands  of  milkmen  at  least  in  as  unhealthy 
condition  as  it  left  the  cow,  did  it  not? 

(Objected  to.) 

A.  It  reached  the  milkmen,  but  mixed  with  the  milk  of  other 
cows,  by  which  an  average  was  established. 

Q.  If  you  mix  milk  from  healthy  cows  and  from  unhealthy  cows, 
you  make  it  all  healthy  ;  the  disease  does  not  spread  ?  A.  You  do 
not  make  it  all  healthy,  but  you  lose  the  few  quarts  of  milk  below 
100  ;  the  milk  of  these  few  exceptional  cows  is  lost  in  the  large 
volume  of  milk  from  healthy  cows,  and  consequently  while  those 
four  individual  cows  stand  out  as  having  produced  milk  below  100, 
those  cows  produced  a  very  small  quantity,  in  some  cases  a  quart 
or  two  of  this  light  milk ;  I  have  forgotten  the  amount,  but  the 
quantity  was  very  small,  and  the  milk  is  placed  in  forty-quart  cans, 
which  are  filled,  and  consequently  it  would  be  impossible  from  any 


TESTIMONY  OF   CHARLES   F.    CHANDLER.  63 

dairy,  even  if  all  those  cows  were  at  one  dairy,  it  would  be  impos- 
sible to  send  to  New  York  commercial  mixed  milk  standing  below 
100  on  the  lactometer  ? 

Q.  Will  you  not  look  at  this  table,  out  of  fifteen  cows,  cow  No. 
14,  and  say  whether  it  does  not  appear  from  this  table  that  the  milk 
of  that  cow  stood  95,  and  with  one  exception,  that  cow  produced  as 
much  milk  as  any  of  the  15  ?  A.  I  said  in  some  cases,  not  in  all 
cases,  that  the  quantity  of  milk  was  very  small ;  Number  95  pro- 
duced five  quarts  of  milk. 

Q.  Was  that  not  as  much  milk,  with  one  exception,  as  any  other 
cow  produced  ?  A.  No,  there  is  one  cow  that  produced  six,  and 
another  cow  that  produced  eight,  and  several  cows  that  produced 
five. 

By  the  COURT — Q.  What  season  of  the  year  was  that  ?  A.  July, 
this  last  July,  the  hottest  weather. 

By  COUNSEL — Q.  In  case  the  condition  of  the  cow  is  unhealthy 
or  abnormal  to  such  an  extent  as  to  effect  the  composition  of  the 
milk,  can  this  be  discovered  from  the  milk  itself?  A.  Not  with 
absolute  certainty. 

Q.  Can  it  be  discovered  generally  ?  A.  I  lost  the  first  part  of 
your  question. 

Q.  In  case  the  condition  of  the  cow  is  unhealthy  or  abnormal  to 
such  an  extent  as  to  affect  the  composition  of  the  milk,  can  this  be 
discovered  from  the  milk  itself?  A.  It  might  in  some  cases  be  dis- 
covered, but  certainly  not  in  all. 

Q.  Could  it  generally  ?     A.  I  doubt  it. 

Q.  Now,  in  case  you  took  two  samples  of  pure  milk  at  60  degrees 
Fahr.  one  standing  at  100,  and  one  at  95,  which  would  you  expect  to 
contain  the  most  water  ? 

(Objected  to  ;  objection  overruled.) 

A.  The  one  standing  at  95. 

Q.  Which  would  you  expect  to  contain  the  most  butter.  A.  The 
gravity  would  not  indicate. 

Q.  Either  might  ?     A.  Either  might  contain  most  butter. 

Q.  Are  you  confident  that  the  one  standing  at  95  would  contain 
the  most  water  ?  A.  Yes,  sir. 

Q.  Now,  sir,  will  you  look  at  these  two  analyses  in  Doctor  White's 
report,  one  being  an  analysis  of  milk  at  100,  and  one  of  milk  at  95, 


64  TESTIMONY   OF   CHARLES   F.    CHANDLER. 

and  state  whether  from  that  the  one  at  100  did  not  contain  more 
water  than  the  one  at  95  ?  A.  In  answering  the  question  I  presume 
healthy  milk ;  you  asked  me  whether  the  one  that  is  at  100  has  the 
most  water? 

Q.  Yes,  sir.  A.  Yes,  sir,  the  one  which  stood  100  indicates  a 
higher  percentage  of  water  than  the  one  that  stood  at  95. 

Q.  Has  not  the  one  that  stood  at  100  a  less  percentage  of  butter 
than  the  one  that  stood  at  95  ?  A.  It  has. 

Q.  Doctor,  please  state  the  proportions  in  which  the  ingredients 
exist  in  milk  ?  A.  There  are  no  fixed  proportions. 

Q.  Well,  sir,  then  the  usual  proportions  ?  A.  May  I  look  at  my 
notes  ?  there  are  no  two  samples  of  milk  that  have  the  same  propor- 
tion. 

Q.  Well,  sir,  look  at  your  notes  ?  A.  I  would  say  that  there  are 
no  two  samples  that  have  same  composition,  nor  is  there  any  such 
thing  as  an  average  composition  of  milk  :  you  may  make  an  average 
of  5  samples  of  milk,  or  10  samples,  or  100  or  1,000  samples  of  milk, 
but  the  moment  you  make  one  additional  analysis  and  introduce 
the  results  of  that  into  the  previous  average,  you  change  the 
figures ;  I  will  say  that  as  good  an  average  as  I  can  make  of  several 
hundred,  and  I  do  not  know  but  thousands  of  published  analysis 
which  I  took  the  trouble  to  elaborate  and  average,  was  fat,  3.8 ; 
caseine,  4.37 ;  sugar,  4.54 ;  salts,  .63  ;  water,  86.66  ;  I  have  occasion- 
ally given  different  averages  from  memory  as  a  fair  exhibit  of  the 
ordinary  composition  of  milk. 

Q.  Now,  I  read  you  the  proportions  found  in  the  analysis  of  milk 
before  referred  to  at  95 ;  the  average  of  water,  87 ;  butter,  5 ; 
sugar,  4.14  ;  caseine,  3.68  ;  chlorine,  .029  ;  do  not  those  proportions 
go  to  indicate  that  that  milk  was  from  a  healthy  cow  ?  A.  They  do 
not. 

Q.  Can  you  point  out  anything  abnormal  or  unhealthy  about 
them  ?  A.  They  prove  neither  one  thing  nor  the  other  ;  they  prove 
neither  that  the  cow  is  healthy  nor  unhealthy  further  than 
the  specific  gravity  is  an  abnormal  one,  and  therefore  arouse  sus- 
picion that  the  cow  is  not  in  a  normal  condition  or  not  normally 
fed. 

Q.  That  suspicion  is  not  verified  when  you  proceed  further  and 
examine  the  sample  of  milk  ?  A.  It  is  not  verified,  nor  is  it  re- 


TESTIMONY  OF  CHARLES  F.    CHANDLER.  65 

moved  ;  it  would  be  necessary  to  dissect  the  cow  to  settle  the  ques- 
tion completely. 

Q.  Can  you  then  from  the  milk  tell  Avhether  the  cow  from  which 
it  came  was  in  an  abnormal  condition  ?  A.  Within  certain  limits  ; 
if  the  milk  stands  below  100,  I  consider  the  cow  in  an  abnormal 
condition. 

Q.  Although  the  ingredients  of  the  milk  may  be  the  same  as 
usual  ?  A.  They  cannot  be  the  same  as  ordinarily  if  the  milk 
stands  below  100,  because  there  is  an  undue  proportion  of  fat  which 
is  often  the  case  with  sick  cows. 

Q.  Will  you  state  what  there  is  about  the  analysis  which  I  read 
to  you  indicating  that  the  cow  is  sick  ?  A.  The  fact  that  the  gravity 
of  milk  is  below  100  on  the  lactometer  indicates  an  abnormal  cow. 

Q.  Would  this  analysis  show  that  the  cow  is  unhealthy — 87.08 
of  water,  5  per  cent,  of  butter,  4  of  sugar  and  3.68  of  caseine  ?  A.  The 
figures  are  a  little  unusual,  for  the  ratio  of  fat  is  unusualy  large, 
and  the  caseine  is  unusually  small,  still  one  could  hardly  judge  from 
those  figures  that  the  cow  was  a  sick  cow. 

Q.  How  much  butter  usually  proceeds  from  the  milk  of  an 
Alderney  cow  in  health  ?  A.  The  percentage  of  butter  is  high  in  the 
milk  of  the  Alderney  cows ;  it  runs  sometimes  as  high  as  8  per  cent. 
But  the  milk  is  still  above  1.029  in  specific  gravity,  because  the 
caseine  also  is  present  often  in  a  considerable  quantity.  I  have  be- 
fore me  the  analysis  of  Alderney  milk  in  which  there  was  8  per 
cent,  of  fat  and  the  specific  gravity  of  1.030;  another  one  with  8.28 
per  cent,  of  fat  and  a  specific  gravity  of  1.029  ;  the  milk  is  rich  in  fat, 
and  also  rich  in  other  solids  at  the  same  time,  and  consequently  the 
gravity  is  maintained. 

Q.  Now,  Doctor,  have  your  ever  found  milk  at  the  specific  gravity 
of  1.029?  A.  I  have  not  in  my  recollection  ;  not  myself. 

Q.  Have  you  known  of  its  being  found — pure,  good,  healthy 
milk.  A.  Some  of  the  inspectors  have  reported  milk  which  stood 
at  1.029, 1  think,  in  some  of  those  reports  or  samples  ;  there  was  one 
before  me  to-day  which  you  handed  me.  We  found  them  this  sea- 
son, but  last  season  we  could  not  find  any. 

Q.  Do  you  recollect  the  trial  of  the  case  of  John  Kneib  in  the 
Court  of  Special  Sessions,  on  which  trial  you  were  examined  as  a 
witness  ?  A.  I  do. 


66  TESTIMONY   OF   CHARLES   F.    CHANDLEE. 

Q.  Now,  sir,  on  that  trial  did  you  not  in  answer  to  a  question 
put  by  Col.  Hastings,  say :  "  We  have  never  found  any  unadul- 
terated milk  which  registered  as  low  as  1.029,  consequently  we  con- 
sidered ourselves  perfectly  safe  "  ? 

A.  We  have  now,  as  I  stated  yesterday 

Q.  Within  the  past  year  you  have  found  samples  of  milk  lower 
than  you  have  ever  found  before  ?  A.  Yes,  sir  ;  during  those  very 
hot  weeks  in  July,  when  the  pastures  were  dried  up  and  the  cows 
were  feverish. 

Q.  Milk  came  to  the  city,  though,  the  same  ?  A.  Not  by  itself, 
mixed  with  the  milk  of  other  cows  ;  only  a  very  few  of  those  cows 
were  of  that  kind. 

Q.  Have  you  made  any  change  in  the  lactometrical  scale  ?  A- 
No,  sir. 

Q.  Because  of  that  discovery  ?  A.  No,  sir  ;  we  did  not  consider 
four  cases  out  of  505  where  the  milk  is  mixed  with  that  of  a  much 
higher  gravity  and  the  average  dairy  is  over  109  on  the  lactometer, 
we  hardly  think  it  necessary  to  change  the  standard  of  100. 

Q.  Look  at  these  tables  and  say  whether  you  do  not  find  twelve 
samples  standing  at  100  ? 

Mr.  PRENTICE — I  assume  so,  it  is  in  that  report. 

Q.  At  the  time  your  lactometer  was  adjusted  to  its  present  stand- 
ard you  had  never  found  pure  milk  as  low  as  that,  had  you.  A. 
Never. 

Q.  Then  the  milk  last  summer  was  in  an  unusual  state  conse- 
quent upon  the  heat  ?  A.  It  was  during  the  first  week  in  July. 

Q.  Was  it  later  in  the  season  ?     A.  Not  to  my  knowledge. 

Q.  Do  you  know  whether  it  was  or  not  ?  A.  No,  I  do  not ;  I 
presume  not. 

Q.  Was  it  the  24th  or  the  25th  of  August  ?  A.  I  could  tell,  by 
reference,  the  exact  state  of  the  weather  at  that  time ;  as  long  as 
that  hot  weather  lasted  the  milk  was  undoubtedly  in  an  abnormal 
condition. 

Q.  Doctor,  will  you  state  the  causes  that  will  vary  the  specific 
gravity  of  milk?  A.  Variations  in  the  composition  would  undoubt- 
edly modify  the  specific  gravity. 

Q.  Proceed  and  enumerate  all  that  you  can  think  of  ?  A.  The 
increase  of  fat,  other  things  remaining  constant,  would  diminish  the 


TESTIMONY  OF  CHARLES  F.    CHANDLER.  67 

i 

gravity,  a  decrease  of  caseine  or  of  the  sugar  or  of  the  salts  and 
other  things  remaining  constant  would  diminish  the  specific  gravity  ; 
in  this  case  it  is  equivalent  to  an  increase  in  the  percentage  of  water. 
Q.  Is  not  the  specific  gravity  of  the  milk  of  the  same  cow  milked 
in  the  morning  different,  very  often,  from  the  specific  gravity  of  the 
milk  of  the  same  cow  milked  in  the  evening  ?  A.  There  are  differ- 
ences. 

Q.  Are  they  not  frequent  ?     A.  Yes. 

Q.  Are  they  not  very  considerable  in  extent  ?  A.  No ;  in  ex- 
ceptional cases  possibly. 

Q.  Now,  Doctor,  I  find  here  Dairy  Number  2,  Mr.  Blake  "White's 
report ;  a  cow  that  in  the  morning  gave  milk  which  stood  at  111  at 
€0  Fahr.,  and  in  the  evening  at  120  and  60  Fahr.,  is  that  unusual  ? 
A.  I  think  not. 

Q.  What  makes  the  milk  heavier  in  the  morning  or  evening 
whichever  it  is  ?  A.  A  little  difference  in  the  composition. 

Q.  When  the  cow  is  milked,  is  not  the  first  half  of  its  milk 
heavier  than  the  last  half?  A.  It  is. 

Q.  To  what  extent  ?  A.  I  could  not  say  without  referring  to  my 
notes  ;  the  strippings  are  light,  the  last  half  of  the  milk  is  lighter 
than  the  first  half. 

Q.  How  much?     A.  I  do  not  know. 

Q.  Of  course  it  would  stand  higher  on  the  lactometer  ?  A. 
Certainly. 

Q.  You  testified  yesterday  that  the  specific  gravity  of  1.029  was 
selected  to  favor  the  milkmen  ;  do  you  point  out  how  this  is  so  ?  A. 
Because  it  is  fixed  at  the  lowest  point  at  which  cows  under 
normal  circumstances  furnish  their  milk  ;  had  we  fixed  it  at  1.033,  as 
is  done  in  the  lactometer  which  has  long  been  used  by  the  milkmen 
themselves,  we  should  have  found  that  a  great  proportion  of  the 
samples  of  genuine  milk  would  have  stood  below  100  ;  we  might 
still  have  used  this  lactometer  however,  because  we  could  have 
fixed  it  at  a-  point  below  100  on  the  1.033  lactometer  ;  we  should 
consider  the  milk  to  be  watered  and  could  have  prosecuted  in  cases 
below  that  point,  but  it  seemed  more  desirable  that  the  standard  of 
the  lactometer  should  be  placed  at  the  lowest  point  at  which  genuine 
normal  mixed  commercial  milk  is  delivered  from  the  cow,  and  for 
that  reason  where  Dinocourt,  the  original  inventor,  placed  it,  at  1.029. 


68  TESTIMONY   OF   CHARLES   F.    CHANDLER. 

Q.  Who  invented  the  hydrometer,  Doctor?  A.  That  is  more 
than  I  can  say. 

Q.  You  are  quite  sure  that  Dinocourt  invented  the  lactometer  ? 
A.  I  won't  say  that  some  one  else  may  not  have  suggested  it ; 
Dinocourt's  glactometer,  as  it  is  called. 

Q.  A  milk  at  the  specific  gravity  of  1.029,  how  does  the  selection 
of  that  standard  favor  the  milkmen  ?  A.  Because  by  using  the 
lactometer  at  1.029  for  the  100  mark,  no  mistake  is  ever  made  of 
arresting  a  milkman  for  selling  Avatered  milk,  when  he  might  have 
been  selling  milk  from  an  abnormal  cow. 

Q.  Is  it  not  possible  that  a  milkman  arrested  for  selling  milk  at 
88  or  90  might  have  been  selling  from  an  abnormal  cow  ?  A.  Not 
mixed  milk,  city  milk  ;  if  a  milkman  should  bring  one,  two,  three  or 
six  quarts  of  milk  from  a  sick  cow  to  New  York,  he  might  in  that 
way  sell  abnormal  milk,  which  would  stand  below  100. 

Q.  Now,  Doctor,  suppose  you  mix  two  quarts  of  milk  at  a  specific 
gravity  of  90,  and  two  quarts  at  the  specific  gravity  of  100,  and 
two  at  the  specific  gravity  of  110,  what  specific  gravity  will  result 
from  that  mixture  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  How  do  you  determine  an  average  specific  gravity  of  mixed 
milks  in  equal  quantities  ?  A.  By  means  of  the  lactometer. 

Q.  "Well,  do  you  determine  the  average  by  calculation  ?  A.  No, 
sir  ;  we  insert  the  lactometer  into  the  mixture. 

Q.  Will  you  point  out  whether  in  those  tables  made  by  your 
subordinates  they  did  not  adopt  another  method,  that  of  calculating 
between  all  the  extremes?  A.  You  asked  me  how  to  determine  the 
average  of  mixed  milk  ;  these  milks  were  not  mixed ;  the  report  here 
is  the  average  observations  and  not  an  average  of  mixed  milks  ;  they 
made  say  a  dozen  determinations  of  specific  gravity  of  as  many 
samples  of  milk  and  then  represented  these  observations  by  an 
average,  some  100,  some  105,  some  110,  some  115,  and  some  120 ; 
you  add  them  together  and  you  get  an  average  ;  not  the  average  of 
the  mixture  of  the  milk,  but  of  the  observations. 

Q.  Milk  mixed  together  originally  of  Different  gravities  is  the 
mean  between  the  extremes  of  those  gravities,  the  true  average 
specific  gravity  ?  A.  It  would  not  be  certainly,  because  in  the  first 
place  there  are  different  quantities. 


TESTIMONY  OP  CHABLES  F.    CHANDLER.  69 

Q.  Assuming  the  quantities  to  be  alike  ?  A.  It  would  not  be  an 
exact  mean ;  they  do  not  claim  to  show  the  specific  gravity  of  the 
milk  after  it  is  mixed  ;  it  is  an  average  of  the  observations. 

Q.  You  say  that  you  can  distinguish  milk  from  cream  by  the 
exercise  of  your  senses  ?  A.  I  can  distinguish  fair  cream  from  fair 
average  milk. 

Q.  You  say  that  you  can  distinguish  skimmed  milk  from  pure 
milk  ?  A.  I  can,  sir ;  from  the  lactometer  and  my  senses ;  that  is 
if  it  has  been  well  skimmed. 

Q.  From  the  evidence  of  your  senses  can  you  distinguish  pure 
milk  from  watered  milk  ?  A.  With  the  aid  of  the  lactometer. 

Q.  Without  the  aid  of  the  lactometer,  can  you  ?  A.  I  should 
hardly  dare  to  declare  that  the  sample  was  watered  milk,  without 
the  aid  of  the  lactometer. 

Q.  Would  your  general  answer  as  to  what  you  would  distinguish 
by  your  senses  be  subordinate  to  that  qualification  ?  A.  Certainly ; 
I  made  it  by  the  aid  of  the  lactometer,  as  I  had  it  here  at  the  time ; 
though  if  I  knew  that  three  samples  were  placed  before  me,  one  of 
which  was  skimmed  milk,  another  was  cream,  another  watered 
milk  and  another  genuine  milk,  I  might  distinguish  them,  even 
without  the  aid  of  the  lactometer,  as  my  thirteen-year-old  daughter 
did  last  night  when  I  took  those  samples  home. 

Q.  Has  your  attention  ever  been  called  to  any  case  of  a  healthy 
<;ow  in  a  normal  condition  giving  milk  below  100  '?  A.  My  attention 
has  been  called  to  cows  giving  milk  below  100,  but  as  to  whether  they 
were  in  a  healthy  or  normal  condition,  the  means  of  proof  were  not 
at  hand,  consequently  I  cannot  say  that  it  ever  has  been. 

Q.  Do  you  say  that  it  has  not  been  ?  A.  Not  knowing  whether 
those  cows  were  in  a  healthy  or  unhealthy  condition  by  absolute 
proof,  I  have  only  an  inference  as  to  their  condition  from  which 
I  can  infer  that  their  milk  exhibited  an  abnormal  specific 
gravity. 

Q.  Had  you  not  the  same  evidence  that  they  were  healthy  and 
normal  in  their  condition  that  you  had  that  tha  milk  stood  below 
100  ?  A.  No ;  that  milk  stood  below  100  was  indicated  by  the 
lactometer  ;  but  that  they  were  in  a  healthy  normal  condition  I  had 
some  evidence  to  the  contrary. 

Q.  Had  you  not  the  same  evidence  that   they  were  in  a  healthy 


70  TESTIMONY   OF   CHARLES   F.    CHANDLER. 

normal  condition  that  you  had  that  the  milk  had  been  tested  by  the 
lactometer  ?     A.  I  had  not. 

Q.  You  were  present  at  the  trial  of  John  Kneib  which  I  have 
alluded  to,  throughout,  were  you  not  ?  A.  I  believe  so. 

Q.  You  heard  the  testimony  of  Doctor  Doremus  ?     A.  I  did. 

Q.  "Was  not  your  attention  then  called  to  several  cows  the  milk 
of  which  was  said  to  have  been  tested  by  the  lactometer  and  found 
at  various  points  below  100,  and  which  milk  was  sworn  to  have 
been  analyzed  and  the  analyses  produced  ?  A.  My  attention  was 
called  to  that  statement. 

Q.  Is  not  one  of  your  arguments  in  favor  of  the  lactometer  that 
it  is  a  test  which  the  milkmen  themselves  can  apply  ?  A.  Yes,  sir  ; 
in  connection  with  their  senses. 

Q.  You  do  not  think  it  necessary  to  use  the  thermometer  in 
testing  milk  ?  A.  Only  to  avoid  trouble  in  trials  ;  I  do  not  consider 
it  absolutely  necessary  to  use  the  thermometer  when  one  tests  milk 
who  has  any  experience  in  judging  of  temperature. 

Q.  There  are  two  methods  to  test  your  lactometer,  are  there 
not?  A.  Yes,  sir. 

Q.  One  is  by  the  hydrometer  ?  A.  That  is  by  comparing  it  with 
another  lactometer  or  hydrometer  which  is  known  to  be  correct. 

Q.  And  the  other  is  by  the  specific  gravity  bottle,  I  believe  ? 
A.  The  other  is  by  placing  it  in  liquids  of  known  specific  gravity. 

Q.  Which  is  the  best  of  those  two  methods  V  A.  Both  are 
equally  accurate. 

Q.  Did  you  not  yesterday  testify  that  the  test  by  the  hydrom- 
eter was  the  best  of  the  two  ?  A.  I  do  not  remember  that  I  did ; 
if  I  did  it  was  simply  because  it  was  the  quickest  and  simplest. 

Q.  If  you  did  so  testify  were  you  mistaken  ?  A.  Do  you  refer 
to  the  test  of  the  specific  gravity  of  milk  or  the  accuracy  of  the 
lactometer  ? 

Q.  The  latter.  A.  I  do  not  recollect  what  I  stated  with  regard 
to  those  methods  ;  my  impression  is  that  I  was  not  examined  on 
testing  the  accuracy  of  the  lactometer  but  on  determining  the  spe- 
cific gravity  of  liquids ;  in  either  case  however  to  test  the  accuracy 
of  the  lactometer  by  comparing  it  with  another  lactometer  which  is 
known  to  be  correct  is  the  better  method  of  the  two,  for  the  reason 
that  it  is  simpler ;  in  either  case  it  will .  be  necessary  to  float  the 


TESTIMONY   OF   CHARLES   F.    CHANDLER.  71 

lactometer  to  be  tested  in  a  liquid  of  known  specific  gravity,  and  it 
is  a  question  of  convenience  whether  the  known  specific  gravity 
shall  be  ascertained  by  weighing  a  portion  of  the  liquid  in  a  bottle 
against  the  equivalent  quantity  of  water  or  by  determining  it  by 
means  of  an  accurate  lactometer  or  hydrometer ;  the  use  of  the  bot- 
tle and  the  balance  involves  more  sources  of  error  than  the  use  of 
an  accurate  hydrometer  and  thermometer  because  you  have  the 
uncertainties  of  the  balance  and  the  uncertainties  of  weights  and  a 
longer  amount  of  time  will  be  consumed  ;  I  have  tested  the  lactometer 
by  the  balance  simply  because  I  had  no  lactometer  sufficiently  de- 
tailed in  its  accuracy  over  the  entire  length  ;  that  is  simply  to  make 
it  proper  to  use  it  as  a  standard  for  comparison,  consequently  I 
used  the  balance  and  this  little  bottle  with  the  overflow  which  gives 
an  absolutely  accurate  result ;  the  four  lactometers  are  absolutely 
accurate  at  the  100  mark  ;  they  are  sufficiently  accurate  at  all  other 
points  on  the  scale  for  all  practical  purposes. 

Q.  The  decrease  of  the  temperature  of  the  milk  causes  an  in- 
crease of  the  lactometrical  showing,  does  it  not  ?  A.  It  does  ;  the 
cooler  the  milk  the  heavier  it  is,  the  warmer  the  milk  the  lighter  it 
is. 

Q.  What  is  the  scale  of  that  decrease  ?  A.  There  is  no  regular 
scale  ;  for  instance  a  sample  of  milk  which  at  60  degrees  Fahr. 
stood  at  100  on  the  lactometer,  at  66  Fahr.  stood  at  98,  at  80  Fahr. 
stood  at  90,  at  100  Fahr.  stood  at  74,  and  44  Fahr.  stood  at  106  ; 
now  the  ratio  is  different  between  each  of  those  observations  ;  for 
instance,  between  44  and  60  the  ratio  is  for  every  degree  of  the  Fahr- 
enheit scale,  three-eighths  of  a  degree  on  the  lactometer  ;  between 
60  and  66,  for  every  degree  of  the  Fahr.  scale,  it  was  two-thirds  of  a 
degree  on  the  lactometer  ;  between  66  and  80  for  every  degree  of 
the  Fahr.  scale  it  was  .57  of  a  degree  by  the  lactometer,  and  from  80  to 
100  for  every  degree  of  the  thermometer,  it  was  .8  of  a  degree  by 
the  lactometer  ;  now,  no  other  sample  of  milk  would  probably  have 
shown  the  same  ratio. 

Q.  Now,  what  was  the  average,  Doctor  ?  A.  Well,  to  make  an 
average,  it  would  not  be  proper  to  add  those  together  because 
they  differ  ;  I  can  give  you  the  entire  stretch  from  44  to  100  ;  you 
cannot  guess  at  figures  with  any  certainty  in  a  case  like  this. 

Q.  Will  you  state  whether  you  agree  with  Dr.  Blake  White's 


72  TESTIMONY   OF   CHABLES   F.    CHANDLER. 

statement,  or  guess,  or  evidence,  to  the  effect  that  for  every  three 
degrees  of  the  thermometric  temperature  milk  decreases  two  degrees 
in  specific  gravity  ? 

(Objected  to.) 

A.  There  may  have  been  in  some  sample  that  he  tested. 

Q.  Is  that  a  safe  general  scale  or  average  ?  A.  It  is  not,  nor  is 
any  other  scale  safe,  nor  is  any  used  by  the  inspectors  of  the  Board 
of  Health. 

Q.  Doctor,  you  demonstrated  yesterday,  did  you  not,  that  skim- 
med milk  stands  much  higher  on  the  lactometer  than  milk  which  is 
pure  or  comparatively  pure  ?  A.  It  does. 

Q.  Now,  if  your  inspectors  come  across  skimmed  milk,  will  they 
not  pass  it  by  as  pure  ?  A.  Not  necessarily  ;  they  detect  it  by  the 
fact  that  it  stands  high  on  the  lactometer ;  looks  blue  and  thin  to  the 
eye  and  tastes  peculiarly,  and  they  take  samples  if  necessary  and 
have  them  analyzed. 

Q.  In  the  Kneib  case  were  you  not  asked  the  question  :  "  In  case 
he,"  meaning  the  inspector,  "  came  across  skimmed  milk  he  would 
invariably  pass  that  by  as  good  milk"?  and  did  you  not  answer, 
"  Yes,  sir,  most  undoubtedly "  ?  A.  I  think,  very  likely  ;  I  have 
learned  a  great  deal  about  skimmed  milk  and  cream  since  the 
indictment  in  that  case. 

Q.  Did  you  not  make  that  answer  ?  A.  I  did ;  I  had  not  inves- 
tigated at  that  time  the  question  of  whether  it  would  be  easy  to 
detect  skimmed  milk  by  the  means  of  the  lactometer  and  the 
senses. 

Q.  But  that  was  about  a  year  ago  ?  A.  It  was,  I  think,  about  a 
year  ago. 

Q.  At  that  time  you  testified,  did  you  not,  that  you  had  been  a 
chemist  about  twenty  years  ?  A.  I  had. 

Q.  That  you  had  made  the  subject  of  milk  analysis  a  specialty  ? 
A.  Yes,  sir. 

Q.  Your  lactometrical  standard  was  the  same  as  it  is  now  ?  A. 
I  never  was  after  skimmed  milk,  and  I  never  had  been  accustomed 
to  experiment  with  skimmed  milk ;  I  testified  I  was  not  aware  it 
was  possible  to  detect  skimmed  milk ;  I  made  that  reply. 

Q.  Then  within  the  past  year  you  have  made  the  discovery  that 
the  evidence  of  the  senses  will  enable  the  inspectors  to  tell  the 


TESTIMONY   OF   CHARLES   P.    CHANDLER.  73 

difference  between  skimmed  milk  and  pure  milk  ?  A.  "Within  cer- 
tain limits  ;  their  senses  had  not  been  trained  at  that  time  by  the 
experience  they  have  had  since  ;  there  is  great  difference  in  the 
senses  of  persons  ;  a  shepherd  knows  his  sheep,  but  a  stranger  would 
not  know  them  individually. 

Q.  Will  you  take  these  bottles,  or  any  of  them,  and  pick  out 
those  that  have  skimmed  milk  ?  A.  I  should  have  to  taste  them. 

Q.  Do  your  inspectors  report  cases  where  the  milk  tested  is 
above  100  ?  A.  I  think  they  have  in  one  or  two  instances,  but  they 
have  had  their  hands  full  in  prosecuting  men  whose  milk  stands 
down  at  85  and  86. 

Q.  They  have  paid  no  attention  to  skimmed  milk  dealers  ?  A. 
I  think  there  have  been  one  or  two  prosecuted. 

Q.  I  ask  you  as  a  chemist  is  it  not  possible  to  make  an  article 
resembling  milk  in  appearance,  which  when  tested  by  the  lactometer 
at  60  Fahr.,  will  indicate  100  or  more,  which  will  cling  to  the  lac- 
tometer as  milk  does,  which  will  be  deceptive  to  all  the  other  senses, 
including  taste,  and  that  article  contain  no  milk?  A.  I  think  very 
probable,  very  possible,  but  I  never  saw  such  a  liquid. 

Q.  How  can  you  say  that  the  evidence  of  the  senses  enables  you 
or  your  inspectors  to  tell  whether  the  fluid  tested  is  milk  or  not  ? 
A.  I  do  not  say  that  they  could  do  so  invariably. 

Q.  If  an  article  resembling  milk  in  appearance,  tasting  and  smell- 
ing like  milk,  and  which  tested  by  the  lactometer  at  60  Fahr.,  indi- 
cated 90,  would  you  give  it  as  your  opinion  that  this  article  was  not 
pure  milk  ? 

(Objected  to;  objection  overruled.) 

A.  If  I  found  it  for  sale  at  a  milk  depot  in  New  York  City  I 
should  say  it  was  watered  milk ;  if  I  found  a  quart  of  it  coming  from 
a  single  cow,  under  abnormal  circumstances,  I  should  say  it  was 
abnormal  milk,  but  not  watered ;  the  surroundings  would  influence 
my  opinion  with  regard  to  such  a  sample. 

Q.  Without  having  regard  to  the  surroundings  you  could  not 
tell  whether  it  was  pure  milk  or  not,  could  you  ?  A.  All  the  prob- 
abilities would  be  in  favor  of  its  being  watered  milk  ;  I  could  not 
say  that  you  had  not  hunted  up  some  abnormal  cow  that  gave  milk 
that  stood  at  90,  or  made  some  combination  that  had  all  the  physi- 
cal properties  of  milk. 


74  TESTIMONY   OF   CHAELES   F.    CHANDLER. 

Q.  Dr.  Chandler,  how  long  has  the  lactometer  been  used  in  this 
city?  A.  I  think  it  must  have  been  used  in  this  city  thirty  or  forty 
years,  I  don't  know  but  100. 

Q.  How  long  has  it  been  used  by  the  Board  of  Health,  under 
your  supervision,  as  a  standard  of  milk  ?  A.  I  think  it  is  about 
two  and  a  half  or  three  years,  since  we  succeeded  in  getting  two 
officers  detailed  as  milk  inspectors,  and  began  a  systematic  control 
of  milk  sold  in  this  city. 

Q.  Now,  don't  you  know  that  within  that  past  two  years  and  a 
half  since  the  lactometer  has  been  used  as  a  standard  test  for  milk, 
by  the  Board  of  Health,  the  traffic  in  skimmed  milk  has  increased 
fivefold  ?  A.  r  do  not  know  it. 

Q.  Do  you  know  whether  it  has  increased  or  not  ?     A.  I  do  not. 

Q.  In  case  pure  milk,  standing  at  the  gravity  of  105,  has  its  cream 
removed,  that,  as  you  have  stated,  increases  the  gravity,  does  it  not? 
A.  It  does. 

Q.  How  much  water  can  the  milkman  then  add  to  that  dimin- 
ished milk,  without  bringing  it  below  its  original  standard  ?  A.  I. 
presume  he  can  add  10,  12,  or  15  per  cent,  of  water ;  I  do  not  know 
exactly  how  much. 

Q.  Then,  is  it  not  a  sure  way  for  milkmen  to  escape  the  test  by 
this  instrument  to  skim  the  milk  and  add  water?  A.  No,  sir;  be- 
cause the  lactometer  is  used  in  connection  with  the  senses  which 
distinguish  watered  and  skimmed  milk  from  whole  milk. 

Q.  Now,  Doctor,  in  the  Kneib  case,  were  you  not  asked  the 
question  by  me,  how  many  methods  of  adulteration  of  milk  may  be 
practiced  that  this  instrument  will  not  detect ;  and  did  you  not  make 
answer,  it  will  not  detect  skimming  or  the  addition  of  water  and  the 
simultaneous  addition  of  something  such  as  salt  or  sugar  ?  A.  I 
think,  very  likely. 

Q.  Did  you  make  that  answer?  A.  I  do  not  know  without  look- 
ing at  the  question  a  moment. 

Q.  Have  you  any  doubt  that  you  did  ?  A.  If  you  say  that  I 
made  those  answers — 

Q.  I  say  it  is  in  the  book  ?     A.  Very  good,  I  admit  it. 

Q.  Now,  you  stated  yesterday,  I  believe,  that  the  lactometer 
does  not  detect  the  addition  of  16  per  cent,  of  water  to  good  milk  ? 
A.  That  is  a  milk  which  stands  120  011  the  lactometer. 


TESTIMONY  OF  CHARLES  F.    CHANDLER.  75 

Q.  How  much  water  may  be  added  to  milk  which  stands  at  102  ? 
A.  A  much  smaller  quantity. 

Q.  How  much  ?     A.  I  do  not  know. 

Q.  Cannot  you  calculate  ?  A.  No ;  not  without  considerable 
difficulty. 

Q.  Now,  suppose  the  milk  is  at  a  temperature  of  80,  does  not 
that  vitiate  the  test  by  the  lactometer,  unless  allowance  be  made 
for  that?  A.  The  temperatnre  of  80  makes  the  milk  lighter. 

Q.  Does  not  that  vitiate  the  test,  such  a  high  temperature  as 
that  ?  A.  I  do  not  know  how  it  vitiates  the  test ;  I  test  a  sample  of 
milk  and  find  it  is  warm  and  has  a  certain  density. 

Q.  If  you  test  the  sample  of  milk  which  stands'  at  80  on  the 
thermometer,  and  you  do  not  make  any  allowance  for  it,  is  not  the 
test  vitiated  ?  A.  If  we  made  no  allowance  for  temperature  the  test 
would  be  vitiated. 

Q.  Do  not  those  tables  show  a  great  deal  of  milk  tested  at 
temperatures  above  80  ?  A.  Certainly  ;  because  the  warm  milk  was 
tested  by  the  lactometer  and  the  result  recorded  ;  it  was  then  cooled 
to  60  and  another  test  made  and  the  result  recorded  again,  if  I 
understand  the  tables  right,  and  the  test  at  60  is  the  one  which  is 
averaged  and  which  is  considered  to  be  the  test  of  milk. 

Q.  Doctor,  in  the  Kneib  case,  did  you  not  testify  in  answer  to- 
Mr.  Hastings,  no  temperature  to  which  the  milk  is  likely  to  be 
heated  would  influence  the  lactometer  sufficiently  to  vitiate  our 
test?  A.  I  think  it  very  possible ;  the  question  of  vitiating  is  a  ques- 
tion which  admits  of  various  significations  ;  when  I  speak  of  vitiating 
the  test  by  not  knowing  the  exact  temperature  or  by  the  tempera- 
ture being  above  60,  I  use  that  language  with  reference  to  the 
object  of  the  test ;  if  I  am  endeavoring  to  determine  with  absolute 
accuracy  the  specific  gravity  of  a  sample  of  milk,  I  take  that  specific 
gravity  at  a  temperature  of  60 ;  if  I  am  examining  a  sample  of  milk 
with  a  view  to  a  prosecution  for  the  sale  of  adulterated  milk  I  may 
take  my  observation  of  the  gravity  at  80  Fahr.  ;  the  result  of  that 
observation  may  be  such  as  to  satisfy  me  that  there  is  no  possibility 
of  that  milk  standing  below  100  when  cooled  to  60  and  therefore  I 
pass  it ;  the  test  is  not  vitiated  for  that  purpose,  it  would  depend 
therefore  on  the  object  of  the  test  whether  the  making  of  the  test  at 
a  temperature  of  80  would  or  not  vitiate  the  result. 


76  TESTIMONY   OF   CHARLES   F.    CHANDLER. 

Q.  Is  taste  a  safe  and  reliable  test  to  be  applied  to  milk.  A.  I 
should  not  hesitate  to  taste  any  milk  offered  for  sale  in  New  York ; 
I  should  consider  it  quite  safe  to  taste  it. 

Q.  Is  it  a  safe  and  reliable  test  to  tell  whether  it  is  milk  or  not  ? 
A.  In  all  ordinary  conditions  it  would  be. 

Q.  Will  it  or  will  it  not  under  any  and  all  conditions  ?  A.  In 
all  probabilities  it  would  ;  I  do  not  take  into  consideration  the 
possibility  but  the  probability. 

Q.  Will  the  taste  indicate  whether  it  is  milk  or  not  to  a  greater 
extent  than  to  give  a  probable  indication?  A.  Without  seeing 
it? 

Q.  Well,  sir,  and  sight  if  you  like  ?  A.  Taste  would  give  one  a 
considerable  amount  of  information  with  regard  to  the  nature  of  the 
liquid  purporting  to  be  milk,  but  one  might  be  deceived  if  he  had 
only  taste  to  rely  upon. 

Q.  Now,  don't  you  know  the  test  so  called  was  made  by  your 
officers  in  the  month  of  August,  when,  without  thermometers,  they 
applied  the  same  test  to  milk  standing  on  the  sidewalks  and  to  milk 
standing  in  the  ice  box. 

(Objected  to  ;  objection  sustained.) 

Q.  Now,  Doctor,  suppose  you  found  in  several  instances  milk 
coming  from  healthy,  well  fed  cows  which,  at  a  temperature  of  60 
Fahr.,  fell  below  100  on  the  lactometer,  would  not  that  destroy  your 
faith  in  the  instrument  as  at  present  adjusted  if  it  was  repeated  in 
several  instances?  A.  The  question  assumed  that  there  is  no  doubt 
about  the  health  of  the  cows  ;  there  is  absolute  proof  that  the  cows 
have  been  healthy — efforts  have  been  made  to  ascertain  that  fact? 

Q.  Yes,  sir.     A.  How  many  cases  ? 

Q.  In  case  you  should  find  milk  coming  from  a  healthy,  well-fed 
cow,  which,  at  a  temperature  of  60  Fahr.,  fell  below  100  on  the  lac- 
tometer, would  not  that  destroy  your  faith  in  the  instrument  if  it 
were  repeated  in  several  instances  ?  A.  It  would  not. 

Q.  In  the  Kneib  case,  were  you  not  asked  the  question,  "  In  case 
you  should  find  milk  coming  from  a  healthy,  well-fed  cow  which,  at 
at  a  temperature  of  60  Fahr.,  fell  below  100  on  the  lactometer,  would 
not  that  destroy  your  faith  in  the  instrument  if  it  were  repeated  in 
several  instances,"  and  did  you  not  answer,  "Yes,  sir?  "  A.  I  think 
very  likely  ;  it  was  a  new  idea  to  ni3 ;  I  answered  it  promptly  on  the 


TESTIMONY  OF  CHARLES  F.    CHANDLER.  77 

spot ;  I  have  added  considerably  to  my  information  since  that  time  ; 
if  you  say  that  is  there,  I  admit  it. 

Q.  Now  you  base  your  faith  on  the  instrument  simply  because 
you  do  not  know  that  such  a  thing  ever  occurred  ?  A.  No,  sir ; 
even  though  I  did  know  that  it  occurred,  it  would  occur  on  such 
rare  occasions,  and  under  such  unusual  conditions,  that  it  could  not 
influence  the  use  of  the  instrument  in  New  York  city. 

Q.  In  the  Kneib  case,  were  you  not  asked  by  me  the  question  : 
"  You  base  your  faith  on  the  instrument  simply  because  you  do  not 
know  that  such  a  thing  ever  occurred  "  ?  and  did  you  not  answer, 
"Yes,  sir;  in  this  part  of  the  world"?  A.  I  think  very  probably  I 
did. 

Q.  Do  you  concede  the  correctness  of  that  ?  A.  I  concede  the 
correctness  of  your  quotation. 

Q.  Dr.  Chandler,  is  ice  sometimes  added  to  milk  to  preserve  it 
during  transportation  ? 

(Objected  to  as  irrelevant.) 

The  COURT — With  reference  to  the  second  count  I  would  rule 
the  evidence  out,  but  under  the  first  count  it  appears  to  me  it  is 
proper. 

COUNSEL — We  offer  it  now  simply  under  the  first  count. 

The  COURT — It  is  excluded. 

COUNSEL — Note  an  exception. 

Q.  Doctor,  if  ice  is  placed  in  milk  at  a  temperature  above  the 
freezing  point 

(Objected  to  ;   objection  sustained ;  exception.) 

Q.  Doctor,  what  is  the  specific  gravity  of  whey  ? 

(Objected  to ;  objection  sustained  ;  exception.) 

Q.  What  is  the  specific  gravity  of  buttermilk  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  Is  buttermilk  a  healthy  article  of  diet  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  Doctor,  the  lactometers  in  use  in  Europe,  are  they  con- 
structed with  the  specific  gravity  of  1.029  as  the  lowest  standard  of 
pure  milk?  A.  As  far  as  I  know,  they  are;  but  in  Paris  no  milk  is 
allowed  to  be  sold  below  1.030,  I  am  informed,  and  I  suppose  they 
may  range  their  lactometer  with  the  standard  of  1.030  ;  I  am  not 
sure,  however. 


78  TESTIMONY   OF   CHARLES   F.    CHANDLER. 

Q.  Doctor,  is  the  lactometer  a  reliable  guide  for  testing  milk ; 
I  would  like  an  affirmative  or  negative  answer  to  that  question  ? 
A.  It  is  reliable  for  the  purpose  for  which  it  is  used  by  the  Health 
Department;  it  is  not  reliable  for  the  detection  of  combined  frauds 
which  an  instructed  dealer  in  milk  might  be  able  to  perpetrate. 

Q.  Is  the  lactometer  a  reliable  test  for  milk  ?  I  ask  you  to 
answer  that  question  categorically.  A.  It  cannot  be  done. 

Q.  You  cannot?     A.  No,  sir. 

Q.  Doctor,  are  you  the  editor  of  the  scientific  journal  called  the 
American  Chemist  ?  A.  I  am  one  of  them. 

Q.  "Will  you  look  at  this  and  see  whether  this  is  a  number  of 
that  periodical — page  26,  July,  1871 — what  purports  to  be  an  arti- 
cle over  your  signature  ?  A.  I  remember  writing  an  article  about 
that  time. 

Q.  In  a  note  to  this  article,  it  is  stated,  under  your  signature, 
"  The  lactometer  is  a  very  unreliable  guide,  as  skimming  causes  the 
milk  to  appear  better,  while  watering  exerts  the  opposite  effect." 
Did  you  write  that  ?  A.  I  did,  I  am  sure,  and  should  write  it  again 
if  I  had  occasion  to  write  to  an  audience  that  did  not  entrap  every 
word  I  uttered. 

Q.  Is  the  lactometer  an  unreliable  guide  for  milk  ? 

(Objected  to.     Objection  overruled.) 

A.  Not  for  all  cases. 

Q.  Can  you  not  answer  that  question  yes  or  no  ?  A.  I  answer  it 
no,  if  it  applies  to  all  kinds  of  milk. 

Q.  Can  you  give  a  simple  negative  or  affirmative  answer  ? 
A.  Not  to  tell  the  truth,  the  whole  truth,  and  nothing  but  the  truth, 
which  I  have  sworn  to  do. 

Q.  You  say  in  Paris  they  reject  all  milk  below  1.030  ?  A.  So  I 
am  informed. 

Q.  Whence  do  you  derive  your  information  ?  A.  It  is  stated  in 
one  of  the  books  that  I  have  here. 

Q.  Is  it  in  Quevenne,  and  where  ?  A.  No,  that  is  an  old  book 
published  in  1830.  It  is  a  recent  book.  It  is  that  little  German 
book,  or  possibly  that  little  French  one,  I  have  forgotten  which. 

Q.  I  hold  in  my  hand  a  book  entitled,  Du  Lait,  by  Quevenne, 
1857,  and  I  read  from  pages  2  and  3  a  translation  :  "  If  the  guilty 
is  to  be  punished  severely,  it  is  important  above  all  things  that  the 


TESTIMONY   OF   CHARLES   F.    CHANDLER.  79 

innocent  should  not  be  condemned  with  him.  The  following  is  the 
method  which  seems  to  us  to  conciliate  all  interests,  and  render 
possible  the  daily  verification  in  the  largest  city.  We  will  take  the 
established  regulations  in  Paris  for  example  :  First,  the  Commis- 
sioners of  Police,  or  those  under  their  orders,  shall  make  daily 
visits  to  the  different  sellers  of  milk  in  wards,  and  will  perform  the 
following  operations  in  less  than  a  minute  :  a,  Take  the  degree  by 
the  lacto-densimeter,  and  taste  the  milk.  If  the  degree  of  the  lac- 
to-densimeter  is  below  29,  having  regard  to  the  temperature  as  we 
describe,  pages  10  to  15,  or  if  the  taste  or  color  shows  something 
abnormal,  take  care  not  to  draw  a  conclusion  from  these  prelimin- 
ary trials,  unless  the  vender  signs  an  affidavit  acknowledging  the 
fraud,  but  take  a  sample  of  half  a  litre  (a  pint)  at  least  of  the  sus- 
pected milk,  taking  care  first  to  render  it  homogeneous  by  thorough 
agitation,  and  sending  it  immediately  to  an  expert  chemist  appoint- 
ed by  the  administration.  This  mode  of  procedure  offers  the 
undoubted  advantage  of  respecting  the  feelings  (dignity)  of  the 
merchant,  and  not  to  make  a  seizure,  a  circumstance  always  serious 
unless  there  exists  a  strong  presumption  that  the  law  has  been  vio- 
lated. Second,  the  expert,  on  receiving  the  milk,  should  immediately 
perform  the  following  operations  :  a,  verify  the  degree  of  the  lacto- 
densimeter  ;  6,  take  the  degree  with  the  lactoscope  ;  c,  prepare 
some  whey,  and  take  the  gravity  of  the  lacto-densimeter  ;  deter- 
mine, if  necessary,  the  quantity  of  milk  and  sugar  with  the  polar- 
izing apparatus,  or,  with  the  copper  test,  the  quantity  of  butter 
after  the  process  of  Marchand ;  c?,  if  he  is  not  perfectly  satisfied, 
he  should  make  a  complete  analysis,  if  the  case  is  sufficiently  im- 
portant. Third,  if  the  vender,  without  testing  the  low  figures  ob- 
tained, alleged  the  milk  was  just  as  it  was  furnished  by  the  cows, 
the  expert  must  demand,  at  the  risk  and  peril  of  the  merchant,  an 
examination  on  the  premises.  By  means  of  these  precautions, 
easily  executed,  justice  is  fairly  dealt,  and  the  object  we  are  seek- 
ing, that  of  assuring  to  the  consumer  a  pure  milk  without  adultera- 
tion, will  be  obtained.  When  one  has  verified,  as  we  have  shown, 
the  degree  of  the  lactometer,  he  knows  only  the  half  of  that  which 
he  should  understand."  Now,  is  not  that  the  method  used  in  Paris 
to  test  milk  ?  A.  I  do  not  know  that  that  is  used  in  Paris  at  all. 
Q.  Were  you  not  questioned,  yesterday  by  Mr.  Prentice  as  to 


80  TESTIMONY    OF    CHAKLES   F.    CHANDLER. 

whether  the  best  authorities  of  Europe  did  not  uphold  the  lacto- 
meter as  used  by  the  Board  of  Health  ?  A.  I  think  not ;  I  know 
what  the  question  was  that  was  asked  me. 

Q.  Please  state  it  ?  A.  It  was  from  my  knowledge  of  the  publi- 
cations and  authorities  on  the  subject  of  the  examination  of  milk, 
what  was  the  best  opinion  as  to  the  use  of  the  lactometer  for  such 
tests,  and  I  stated  that  from  my  knowledge  of  the  literature  of  this 
subject  that  the  best  opinion  was  that  the  lactometer  was  perfectly 
reliable  when  used  in  connection  with  the  other  senses,  and  limited 
to  such  cases  as  it  is  limited  to  in  the  hands  of  the  inspectors  of 
the  Health  Department,  that  is  to  the  cases  of  milk  which  stand 
below  100  on  the  lactometer. 

Q.  That  is  not  responsive  to  my  question  ?  A.  And  has  the 
other  properties  which  distinguish  it. 

Q.  Did  you  not  subsequently  give  the  names  of  certain  books  as 
supporting  your  opinion  ?  A.  No,  sir  ;  I  gave  the  names  of  certain 
books  which  I  had  consulted ;  I  did  not  say  that  each  one  of  those 
books  supported  verbatim  my  statements,  but  they  were  the  books 
which  I  had  studied  to  arrive  at  this  best  opinion. 

Q.  How  about  Yon  Baumhauer  as  quoted  in  Watts'  Chemical 
Dictionary,  does  he  support  your  position?  A.  There  is  a  partial 
quotation  from  Yon  Baumhauer  in  Watts'  which  is  contained  in 
many  other  quotations,  a  criticism  on  the  lactometer  as  a  general 
test  for  the  character  of  milk  of  all  kinds  and  under  all  circum- 
stances. That  criticism  is  made  in  the  same  spirit  that  my  own 
remarks  were  made. 

Q.  Will  you  take  the  second  supplement  to  Watts'  Chemical 
Dictionary,  and  read  the  quotation  from  Yon  Baumhauer  ?  A. 
"  Analysis  of  Milk,  E.  H.  Yon  Baumhauer.  Discussions  on  the 
several  methods  hitherto  adopted  for  the  analysis  of  milk.  He  re- 
jects as  worthless  all  modes  of  testing  depending  on  the  use  of 
hydrometers,  inasmuch  as  the  milk,  which  is  a  solution  of  substan- 
ces specifically  heavier  than  water,  contains  in  suspension  a  much 
lighter  body,  namely  the  cream,  and  consequently  exhibits  a  mean 
specific  gravity,  which,  after  a  removal  of  part  of  the  cream,  may  be 
again  imparted  to  the  liquid  by  the  addition  of  water.  A  further 
objection  to  the  use  of  hydrometers  for  the  purpose,  is  that  the  ex- 
pansive co-efficient  of  milk  is  unknown,  and  moreover,  is  uncertain 


TESTIMONY   OF   CHARLES   F.    CHANDLER.  81 

on  account  of  the  varying  proportions  of  the  dissolved  constituents. 
To  obtain  comparable  results,  it  would  therefore  be  necessary  to 
work  always  at  the  same  temperature.  Moreover,  the  quantity  of 
milk  which  becomes  attached  to  the  unimmersed  part  of  the  instru- 
ment may  give  rise  to  an  error  equivalent  to  5  per  cent,  of  water.'' 

Q.  When  was  the  latest  edition  of  Dr.  Wanklyn's  book  published  ? 
A.  I  was  not  sure  whether  mine  was  the  latest  edition  ;  I  cannot 
answer  that  question. 

Q.  I  have  one  here  for  1874 ;  is  that  the  latest  ?  A.  I  think  that 
is  the  latest,  there  may  be  one  later. 

Q.  I  read  from  the  head  of  chapter  2,  in  Wanklyn's  book,  pub- 
lished 1874 :  "  The  lactometer,  or  lacto-densimeter,  as  it  has  been 
called  to  distinguish  it  from  another  similar  instrument,  the  creamo- 
meter,  was  at  one  time  a  great  favorite.  In  France  a  few  years  ago, 
if  not  indeed  now,  the  police  would  take  action  at  once  011  reading 
that  instrument,  and  turn  milk  out  into  the  gutter  if  it  were  con- 
demned. And  in  London^  the  lactometer  is  exposed  for  sale  in  shop 
windows,  and  both  the  public  and  milk  dealers  trust  to  it.  Even  in 
some  recent  manuals  intended  for  the  guidance  of  medical  officers 
of  health,  the  use  of  the  lactometer  is  recommended.  In  one  of 
them  in  particular — Dr.  Edward  Smith's — which  claims  a  pseudo 
government  sanction,  the  lactometer  is  very  prominently  put  for- 
ward, and  recommended  as  being  for  milk  what  the  hydrometer  is 
for  alcoholic  fluids.  But,  although  it  is  so  very  popular,  and 
although  it  has  been  so  implicitly  trusted,  the  lactometer  is  the 
most  untrustworthy  instrument.  There  hardly  ever  was  an  instru- 
ment which  has  so  utterly  failed  as  the  lactometer.  It  confounds 
together  milk  which  is  exceptionally  rich  with  milk  which  has  been 
largely  watered,  and  many  a  poor  French  peasant,  bringing  the  best 
and  unadulterated  produce  of  his  dairy  into  a  French  town,  has 
been  ruthlessly  stopped  by  the  police,  who  have  dipped  their  lacto- 
meter into  the  milk,  and  forthwith  sent  it  down  the  gutter,  as  if  it 
had  been  milk  and  water.  Very  curious  things,  too,  are  done  in 
this  country  by  reason  of  trust  in  the  lactometer.  There  is  a  prison 
not  far  from  London,  and  the  prison  authorities  are  especially  par- 
ticular about  their  supply  of  milk  ;  they  allow  no  milk  to  enter  the 
prison  unless  it  comes  up  to  the  end  mark  on  a  certain  lactometer. 
The  end  mark  is  pitched  very  high,  and  the  milk  of  the  purveyor 


82  TESTIMONY   OF   CHARLES   F.    CHANDLEE. 

reaches  the  end  mark  by  skimming  the  milk.  From  a  careful  con- 
sideration of  the  whole  subject,  I  am  convinced  that  one  of  the 
most  necessary  steps  to  be  taken  in  milk  analysis  is  to  abandon  the 
use  of  the  lactometer."  Now  in  the  Kneib  case  were  not  the  ex- 
tracts I  have  just  read  from  Dr.  Wanklyn's  book,  the  extract  I  read 
from  Quevenne,  and  some  other  trivial  extracts  read  in  your  pre- 
sence ?  A.  I  think  they  were. 

Q.  Were  you  not,  with  reference  to  this  citation,  afterwards  asked 
by  your  counsel,  was  there  anything  in  those  citations  that  differed 
essentially  from  the  views  expressed,  in  relation  to  the  lactometer  as 
expressed  upon  the  stand,  and  did  you  not  answer  there  was  not  ? 
A.  I  think  I  did. 

Q.  Is  there  any  doubt  about  it  ?  A.  I  should  rather  look  at  the 
record ;  the  question  was,  was  there  anything  in  those  citations  that 
differed  essentially  from  the  views  you  expressed,  in  relation  to 
the  lactometer,  as  expressed  upon  the  stand.  I  replied  there  was 
not. 

Q.  That  had  reference  to  these  same  citations  from  Wanklyn 
and  others  ?  A.  As  I  recollect  them  at  the  time  the  question  was 
addressed  to  me. 

Q.  In  case  five  samples  of  pure  milk  should  fall  below  100 
by  the  lactometer,  out  of  twelve  at  60,  would  not  that  destroy 
your  faith  in  it  ?  A.  What  sort  of  milk  should  that  be  ? 

Q.  Pure  healthy  cow's  milk  with  outany  question?  A.  No, 
sir. 

Q.  In  the  Kneib  case,  after  Dr.  Doremus  had  testified  to  finding 
five  samples  of  pure  milk  out  of  twelve,  below  100  by  the 
lactometer  at  60  Fahr.,  the  cows  being  healthy  and  well  fed,  were 
you  not  asked  :  "  Now  in  case  what  occurred  to  Professor  Doremus 
occurred  to  you,  that  out  of  twelve  samples,  five  should  fall  below 
100  by  your  instrument,  would  not  that  destroy  your  faith  in  it?" 
did  you  not  answer  :  "  Undoubtedly,  if  I  found  cows  totally  different 
from  the  cows  I  have  seen  before  ?  "  A.  You  ask  me  if  I  made  that 
statement  ? 

Q.  Yes,  sir?     A.  I  did. 

Q.  Is  there  a  surer  test  for  milk  than  that  by  the  lactometer, 
accompanied  by  the  senses  ?  A.  Not  for  watering. 

Q.  Is  there  a  surer  test  for  milk   than  the  lactometer  ?     A.  Not 


TESTIMONY   OF   CHARLES   F.    CHANDLER.  83 

for  watering.  One  test  is  for  one  object  and  one  for  another  ;  each 
is  sure  for  its  own  object. 

Q.  Is  not  analysis  a  surer  test  ?  A.  Not  for  excessive  water- 
ing. 

Q.  In  the  Kneib  case  were  you  not  asked  by  me  :  "  You  would 
adopt  another  test ;  would  you  not?  "  and  did  you  not  answer  ;  "  Yes, 
sir?"  Then  were  you  not  asked  "Would  not  analysis  be  a  surer 
test  "  ?  and  did  you  not  answer,  "  Yes  sir  ?  "  A.  I  think  very  likely, 
I  entertained  an  opinion  of  that  kind  at  that  time. 

Q.  You  have  changed  it  since  ?  A.  I  have  learned  a  great  deal 
since.  My  confidence  in  the  lactometer  has  been  increased  ten-fold 
since  that  case  was  tried. 

Q.  From  your  opinion  as  it  is  at  present,  is  analysis  of  milk  made 
by  an  expert  chemist,  thoroughly  and  fully,  a  surer  test  than  the  use 
of  the  lactometer  accompanied  by  all  that  the  inspector  testified  to 
in  this  case  ?  A.  Not  for  watering. 

Q.  Is  analysis  thus  made  better  and  surer  for  the  purpose  of 
ascertaining  whether  the  fluid  is  milk  ?  A.  Yes,  sir. 

By  COUNSEL  FOR  THE  PEOPLE — Q.  Doctor,  you  were  asked  some 
questions  about  the  Dictionary  of  Chemistry  by  Watts,  and  were 
called  upon  to  read  some  extracts  ;  please  look  at  that  article  again 
and  tell  me  if  the  title  of  the  article  related  to  the  analysis  of  milk 
or  whether  it  was  some  other  subject  ?  A.  They  related  to  the 
analysis  of  milk — that  is  the  subject. 

Q.  Does  that  article  which  you  have  in  your  hand,  the  part 
which  you  read  and  its  treatment  of  the  particular  subject  under 
the  title  of  analysis  of  milk,  confirm,  or,  as  you  understand  it,  is  it  at 
variance  with  your  opinion  of  the  value  of  the  lactometer  as  a  prac- 
tical test  for  the  adulteration  of  commercial  milk  found  in  cities  by 
the  addition  of  water?  A.  It  is  in  full  accord  with  my  opinion  on 
the  subject. 

Q.  Doctor,  you  were  examined  upon  this  edition  of  the  book 
Du  Lait,  published  in  Paris  in  1859  ;  I  ask  you  to  turn  to  pages  192 
and  193,  and  the  table  therein  contained,  the  observations  of  102 
cows,  and  also  the  resume  on  the  following  pages  ;  the  resume  of 
those  tables  of  observation,  the  density  of  the  milk,  the  analysis  of 
it,  and  the  average,  the  minimum  and  the  maximum  ?  A.  I  have 
done  so. 


84  TESTIMONY   OF   CHAKLES   F.    CHANDLER. 

Q.  What  is  the  result  upon  your  opinion,  as  detailed  there,  as  to 
the  value  of  the  lactometer  as  a  practical  test  for  determining  the 
watering  of  milk?  A.  They  confirm  me  in  that  opinion. 

Q.  State  the  maximum  and  the  minimum  and  the  result  upon  that 
page  ;  read  the  resume  as  it  is  there  ?  A.  The  lacto-densimeter  the 
highest  and  lowest  degrees ;  milk  marking  more  than  35 — that  is, 
1.035,  five  of  them ;  milk  marking  less  than  30,  seven  of  them,  and 
only  two  of  which  stand  below  1.029. 

Q.  How  many  altogether  ?     A.  103. 

Q.  How  many  exceptions  ?  A.  Two  exceptions ;  one  is  1.0288 
and  the  other  is  1.0289. 

By  the  COURT — That  is  by  the  lactometer,  not  by  analysis  ? 
A.  This  is  by  the  lactometer  on  the  milk  of  cows  in  their  natural 
state. 

Q.  The  lacto-densimeter,  is  that  the  same  as  the  lactometer  ?  A. 
It  is. 

Q.  Is  that  the  same  standard  ?  A.  It  gives  the  specific  gravity 
as  compared  to  water  ;  it  does  not  give  the  figures. 

By  COUNSEL  FOR  THE  DEFENDANT — Q.  Were  the  books  before  you 
at  the  time  that  the  questions  were  asked  you  at  that  trial  ? 

(Objected  to  ;  objection  overruled  ;  exception.) 

By  COUNSEL  FOR  PEOPLE — Bead,  if  you  please,  page  36  ;  the  pas- 
sages marked?  A.  "Having  cleared  away  any  confusion  arising 
from  those  slight  differences  in  scale,  we  pass  on  to  consider  the 
practical  use  to  be  made  of  the  various  data  afforded  by  milk 
analysis  ;  as  will  be  remembered,  100  C.  C.  of  milk  of  average  qual- 
ity contains  12.81  grammes  of  milk  solids  ;  very  rich — exceptionally 
rich — stall-fed  milk  contains  14.47  grammes  of  milk  solids  ;  now  it 
must  be  obvious  to  every  one  that  very  rich  milk  let  down  with  a 
little  water  will  simulate  milk  of  average  quality ;  there  is  a  certain 
limit  below  which  the  milk  of  well  fed  cows  is  never  known  to  fall ; 
"below  11.8  grammes  of  solids  per  100  C.  C.  milk  has  not  been  known 
to  fall ;  the  most  variable  constituent  of  milk  is  fat,  and  if  the  quan- 
tity of  fat  be  deducted  from  the  milk  solids,  the  milk  solids  not  fat, 
which  is  of  very  constant  datum,  is  obtained ;  taking  the  milk 
solids  in  common  milk,  and  deducting  the  fat  from  it,  there  remains 
9.65,  which  is  a  milk  solids  not  fat ;  similarly,  milk  solids  not  fat  in 
stall-fed  milk  amount  to  10.35  grammes  per  100  C.  C. ;  the  best  way 


TESTIMONY  OF  CHARLES   F.    CHANDLER.  85 

of  dealing  with  the  question  of  watering  is  to  assume  a  perfectly 
rigid  standard  of  normal  milk,  and  to  treat  all  departures  from  it 
as  sophistications." 

Q.  I  ask  you  to  look  again  at  page  41,  the  passage  marked  in 
chapter  9,  and  read  that  ?  A.  In  dealing  with  milk  supply  on  a 
large  scale,  we  are  little  concerned  with  the  possibility  of  single 
animals  giving  abnormal  milk,  and  need  only  concern  ourselves  with 
milk  of  normal  quality,  all  departures  from  the  standard  being 
looked  upon  as  sophistications. 

Q.  I  ask  you  from  an  examination  of  the  tables  and  the  state- 
ments, and  the  arguments  made  in  the  book  of  Wanklyn,  have  you 
found  anything  at  variance  or  that  refutes  the  opinion  which  you 
have  expressed  as  to  the  reliability  of  the  lactometer  as  a  practical 
test  of  commercial  milk  in  cities,  the  adulteration  of  milk  by  water? 

(Objected  to  as  incompetent ;  objection  overruled  ;  exception.) 

A.  Not  to  its  use  as  employed  in  connection  with  the  other 
senses  by  the  inspectors  of  the  Health  Department. 

Q.  Has  Mr.  Wanklyn  a  peculiar  method  which  he  advocates  in 
this  book  ?  A.  He  has  a  peculiar  method  of  analysis. 

Q.  You  were  asked  yesterday  to  give  the  authorities  which  di- 
rectly supported  your  ^opinion ;  are  you  prepared  now  to  give 
them  ?  A.  I  am  prepared  ;  I  have  the  works  here  and  can  read 
passages  from  them. 

Q.  Mention  the  works?  A.  The  first  is  Tardieu,  Dictionnaire 
D'Hygine  et  de  Salubrite,  Paris,  1862  ;  Parke's  Manual  of  Practical 
Hyo-iene,  London,  1866  ;  Watts'  Dictionary  of  Chemistry,  London, 
1865  ;  Nouveau  Dictionnaire  des  Falsifications  et  des  Alterations  des 
Aliments,  Soubeiran,  Paris,  1874 ;  Handbuch  der  Chemie,  Gmelin, 
Heidelberg,  1858  ;  Milk  in  Health  and  Disease,  by  Smee,  London, 
1875  ;  Jahresbericht  der  Thier  Chemie,  Berlin,  1874  ;  Zoochemischen 
Analyse,  Gorup  Besanez,  Brunswick,  1871 ;  Handbuch  der  Sanitats- 
Polizei,  Pappenheim,  Berlin,  1870 ;  Handbook  of  Hygiene,  Wilson, 
London,  1873  ;  Foods,  by  Edward  Smith,  New  York,  1873  ;  On 
Food,  Letheby,  London,  1870. 

Q.  The  gentleman  in  the  examination  of  lactometers  in  the  prac- 
tical experiment  yesterday  made  use  of  the  term  which  I  desire 
should  be  explained  in  accounting  for  different  readings ;  please 
explain  the  term  meniscus  ?  A.  When  a  liquid  is  in  contact  with 


86  TESTIMONY   OF   CHARLES   F.    CHANDLER. 

the  surface  it  generally  either  attracts  or  is  attracted  by  that  sur- 
face ;  as  a  consequence  when  the  lactometer  is  dropped  into  the 
milk,  the  milk  does  not  rise  against  the  lactometer  on  a  perfect 
level ;  but,  on  the  contrary,  climbs  up  the  side  of  the  lactometer  a 
certain  distance,  and  covers  a  portion  of  the  lactometer ;  the  con- 
sequence is  that  when  you  look  at  the  lactometer  you  are  in  doubt 
as  to  exactly  where  the  surface  of  the  liquid  cuts  the  scale  on  the 
lactometer  ;  in  some  liquids  the  contrary  takes  place  ;  in  the  case  of 
mercury  the  liquid  does  not  climb  up  the  glass,  but  on  the  contrary, 
there  is  a  light  depression,  so  that  it  would  have  the  appearance  of 
my  diagram  when  inverted ;  that  is  called  meniscus,  and  it  makes  a 
difference  in  the  case  of  milk  of  two  or  three  degrees,  whether  one 
reads  what  is  actually  visible ;  it  is  all  the  same  if  they  read  it  al- 
ways in  the  same  way. 

Q.  Have  investigators  in  natural  science  a  personal  rule  of  read- 
ing scales  of  this  kind  ?  A.  It  depends  altogether  on  circumstan- 
ces ;  if  the  instrument  is  graduated  so  as  to  be  read  above  the  men- 
iscus, that  is  the  proper  way  to  read  it ;  if  the  instrument  is 
graduated  to  be  read  on  a  line  with  the  surface  of  the  liquid  independ- 
ent of  the  meniscus,  then  that  is  a  proper  way  to  read  it;  the 
lactometer  is  graduated  to  be  read  at  the  top  of  the  meniscus ;  I 
read  at  the  top  of  the  meniscus  ;  Dr.  Barker  differed  from  me  by 
reading  it  below  the  meniscus. 

Q.  How  do  you  know  ?     A.  He  said  so. 

Q.  Now,  Dr.  Chandler,  in  examining  a  sample  of  commercial 
milk  yesterday  before  the  Court  and  the  jury,  or  cream  perhaps  it 
was,  or  both,  there  were  used  four  lactometers  and  the  experiment 
of  the  fluid  in  one  instance  was  found  far  below  100  and  in  another 
instance  it  was  from  14  to  16  or  17  above  ;  I  ask  you  have  you  tested 
those  four  lactometers  upon  the  scale  and  mark  of  Board  of  Health 
100,  so  that  in  these  several  experiments  of  variation  of  from  two 
to  three  degrees  at  those  very  high  and  very  low  degrees  upon  the 
scale  were  shown?  • 

(Objected  to  ;  objection  overruled  ;  exception.) 

A.  I  have  tested  them ;  they  were  tested  under  my  direction, 
originally,  and  agreed  exactly  at  the  100  point  and  approximately  at 
other  points,  sufficiently  for  all  practical  purposes  as  a  test  for 
watered  milk  ;  desirous  to  know  how  great  a  deviation  there  might 


TESTIMONY   OF   CHARLES   F.    CHANDLER.  87 

be  at  other  points,  as  I  had  not  retained  a  record  of  the  original  tests 
of  these  lactometers,  I  very  carefully  verified  four  points  on  each  of 
those  lactometers  last  night ;  in  addition  to  100  which  had  pre- 
viously been  verified.  At  the  104  mark,  they  agreed  exactly  ;  three 
of  them  were  correct  at  88,  the  fourth  marked  87  ;  at  78  two  of  them 
were  correct  exactly,  one  marked  77  and  one  marked  76  ;  at  68  two 
were  correct,  one  marked  67  and  one  marked  66  ;  the  greatest  de- 
viation being  two  degrees,  and  that  at  points  which  are  unimport- 
ant, as  being  far  away  from  the  standard  of  100. 

By  COUNSEL  FOR  DEFENDANT—  Q.  We  would  like  to  ask  the  wit- 
ness to  produce  those  four  lactometers?  A.  I  have  only  one  of 
them  here. 

Q.  Are  the  others  here,  Doctor  ?  A.  I  can  ascertain  by  exami- 
nation. 

Q.  You  have  explained,  I  believe,  Dr.  Chandler,- what  you  have 
intended  by  the  term  commercial  milk,  that  it  is  a  milk  received 
here  in  the  city  of  New  York  and  offered  for  sale  in  forty-quart 
cans  ?  A.  I  have. 

Q.  It  is  mixed  milk,  is  it  ?     A.  It  is. 

Q.  You  have  testified  that  when  you  testified  in  the  Court  of 
Special  Sessions  in  the  Kneib  case,  Mr.  Wanklyn's  book  and  the 
other  books  containing  the  extract  were  not  before  you  ;  were  they 
not  in  court  at  that  time  ?  A.  I  presume  they  were  in  the  hands  of 
the  experts  on  the  other  side  of  the  case  and  were  read  by  them. 

Q.  Did  you  make  any  attempt  to  get  them  into  your  hands  ? 
A.  I  have  no  recollection  of  trying  to  do  so. 

Q.  Did  you  or  did  you  not  ?  A.  I  cannot  say  whether  I  did  or 
not ;  I  presume  not. 

Q.  Were  you  at  that  time  satisfied  that  they  were  correctly  read  ? 
A.  I  had  no  reason  to  doubt  it. 

Q.  Were  you  satisfied  that  they  were  or  do  you  now  remember 
that  they  were  then  correctly  read  ?  A.  I  have  no  reason  to  doubt 
it. 

Q.  What  is  analysis,  is  it  not  a  system  of  testing  ?  A.  Analysis 
is  taking  things  to  pieces. 

Q.  Is  it  not  one  means  of  testing  milk  ?  A.  Yes,  it  is  one 
method. 

Q.  Take  this  table  of  Quevenne  and  look  through  pages  194,  etc., 


88  TESTIMONY   OF   GEORGE   C.    CALDWELL. 

and'  state  whether  it  does  not  contain  three  instead  of  two  instances 
of  milk  below  1.029?  A.  I  find  one  27  and  one  28.9  ;  yes,  I  see 
there  are  three,  but  I  read  the  resume  on  the  opposite  page  where 
only  two  are  given ;  it  is  very  likely  a  misprint  in  a  table  as  it  is  not 
in  the  resume". 

Q.  Do  you  mean  to  say  that  there  is  nothing  contained  in  the 
extracts  which  I  read  from  this  book,  the  milk  analysis  of  Dr.  "Wank- 
lyn,  which  refutes  or  is  at  variance  with  your  opinion  as  to  the  lacto- 
meter as  a  test  for  showing  the  adulteration  of  milk  by  water  ?  A.  I 
do  ;  the  author  speaks  of  the  lactometer  without  the  use  of  the 
other  senses. 

Q.  Do  you  cause  the  milk  arriving  in  this  city  to  be  tested  and 
examined  at  the  railroad  stations  and  seized  if  impure  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 


GEORGE  C.  CALDWELL,  sworn  and  examined  by  Mr.  Prentice,  testified 
as  follows  : 

Q.  Dr.  Caldwell,  you  are  a  chemist  by  profession  ?     A.  I  am,  sir. 

Q.  Please  state  your  study  and  experience  in  that  profession  ? 
A.  I  began  the  study  of  chemistry  about  20  years  ago,  at  Harvard 
University,  took  the  degree  there,  went  to  Germany,  and  spent  a 
year  and  a  half  at  Goettingen  in  the  study  of  chemistry,  and  took 
the  degree  of  doctor  of  philosophy  there  ;  went  to  Heidelberg  in 
Germany,  and  spent  another  year  in  the  study  of  chemistry,  and 
since  my  return  to  this  country  have  been  engaged  in  teaching 
chemistry  part  of  the  time  ;  a  short  time  at  Columbia  College,  and 
a  short  time  at  Antioch  College  in  Ohio,  as  Professor  of  Chemistry, 
and  at  the  Agricultural  College  of  Pennsylvania,  and  at  Cornell 
University,  where  I  now  am. 

Q.  What  is  your  chair  there  ?  A.  Professor  of  Agricultural  and 
Analytical  Chemistry. 

Q.  Have  you  made  a  special  study  of  dairy  products  and  of 
milk  ?  A.  I  have  made  some  special  study  of  that  subject. 

Q.  The  lactometer  is  of  the  kind  of  instruments  called  hydro- 
meter? A.  It  is. 

Q.  And  theie  are  similar  instruments  used  for  like  purposes  in 
other  substances  than  milk  ?  A.  There  are. 


TESTIMONY   OF   GEORGE   C.    CALDWELL.  81j 

Q.  The  lactometer  is  for  determining  the  specific  gravity  of 
milk?  A.  It  is. 

Q.  Is  there  any  more  accurate  method  of  determining  the  specific 
gravity  of  liquids  than  by  the  use  of  such  instruments  ?  A.  Not 
when  they  are  properly  constructed  and  proper  precautions  are 
used. 

Q.  In  your  opinion  is  the  standard  1.029,  that  adopted  by  the 
Board  of  Health,  a  correct  and  safe  one  ?  A.  It  is. 

Q.  In  connection  with  the  lactometer  it  is  proper  to  use  the 
thermometer?  A.  It  is. 

Q.  And  what  degree  of  heat  should  the  milk  be  for  the  practical 
test  with  the  lactometer?  A.  Any  degree  that  is  agreed  upon;  60 
Fahr.  is  the  usual  temperature  and  is  the  one  most  usually  reached. 

Q.  If  we  have  a  sample  of  what  is  called  commercial  milk,  milk 
found  in  the  city  offered  for  sale  at  a  temperature  of  60  Fahr.,  which 
shall  show  upon  the  lactometer  a  degree  of  say  90,  what  will  that 
determine  if  anything  ?  A.  It  will  determine  that  some  liquid  light- 
er than  normal  milk  had  been  added  to  it. 

Q.  I  ask  your  experience  what  would  be  the  adulteration  ?  A. 
Water. 

Q.  You  are  acquainted  with  the  literature  on  this  subject  gen- 
erally, are  you  not  ?  A.  I  am  acquainted  with  some  of  it. 

Q.  What  is  the  best  opinion  according  to  the  best  authorities 
with  regard  to  the  use  of  the  lactometer  for  detecting  the  watering 
of  milk? 

(Objected  to  ;  objection  overruled  ;  exception.) 

A.  My  opinion  is  that  there  is  good  authority  for  the  use  of  the 
lactometer  for  detecting  excessive  watering  of  milk. 

Q.  You  yourself  have  published  papers  on  dairy  products  and 
on  milk,  have  you  not?  A.  I  have,  sir. 

Q.  And  have  you  recommended  the  lactometer  for  use  by  dairy- 
men ? 

(Objected  to  ;  objection  sustained.) 
Cross-examined. 

Q.  Doctor,  you  say  you  have  made  some  special  study  of  milk  from 
dairy  products  ;  what  do   you  mean  by  that  ?     A.  I  have  analyzed 
.milk,  studied  its  composition  in  that  way  ;  I   have  read  some  works 
on  milk. 


90  TESTIMONY  OP  GEOEGE  C.  CALDWELL. 

Q.  How  many  hundreds  of  samples  of  milk  have  you  analyzed  ? 
A.  I  have  not  analyzed  any  hundred,  I  have  analyzed  about  a  dozen 
samples,  I  do  not  remember  how  many. 

Q.  How  recently  ?  A,  Some  of  them  have  been  made  within  the 
last  two  years  ;  the  last  was  made  last  spring,  made  partly  by  my- 
self and  partly  by  an  assistant  under  my  direction. 

Q.  Over  how  many  years  does  the  making  of  this  dozen  of  analy- 
ses of  milk  extend  ?  A.  It  extends  perhaps  over  two  years, 

Q.  Then  although  you  have  studied  chemistry  for  twenty  years, 
Professor,  you  have  only  taken  up  the  subject  of  milk  within  the 
past  two  ?  A.  The  subject  of  the  analysis  of  milk  I  have  not  taken  up 
except  in  the  last  two  years  ;  analysis  by  myself  I  mean. 

Q.  In  all  your  experience  in  making  all  these  analyses  of  milk 
what  is  the  average  quantity  of  butter  that  you  find  them  to  con- 
tain ?  A.  I  have  not  my  figures  with  me  and  therefore  I  cannot  tell. 

Q.  Can  you  estimate  it?  A.  I  should  say  the  proportion  of  but- 
ter was  about  three  and  a  half  per  cent.,  but  I  cannot  tell  any  nearer 
than  that,  I  have  made  no  special  effort  to  remember  the  results. 

Q.  Have  you  ever  made  tests  with  the  lactometer  ?     A.  I  have. 

Q.  "When  ?     A.  I  made  some  tests  shortly  before  coming  here. 

Q.  To-day  do  you  mean?  A.  Shortly  before  coming  to  the  city, 
within  about  four  or  five  days  ago. 

Q.  With  reference  to  this  trial  ?  A.  I  made  some  comparative 
tests  with  this  lactometer. 

Q.  "With  reference  to  this  trial  ?     A.  I  did. 

Q.  Then  I  do  understand  that  you  have  especially  qualified 
yourself  to  testify  on  this  trial  ? 

(Objected  to.) 

Q.  Where  did  you  make  these  tests  with  the  lactometer  ?  A.  In 
my  laboratory  in  Ithaca,  Cornell  University. 

Q.  What  lactometer  did  you  use  ?  A.  I  used  the  lactometer 
furnished  me  by  the  Board  of  Health. 

Q.  Did  you  try  that  lactometer  to  test  its  accuracy  ?  A.  I  did 
not. 

Q.  Then  you  do  not  know  it  to  be  accurate,  do  you  ?  A.  I  do 
not,  except  that  it  was  furnished  me  by  the  Board  of  Health. 

Q.  How  did  it  come  to  you  ?  A.  It  was  given  to  me  last  winter 
by  the  President  of  the  Board  of  Health. 


TESTIMONY  OF  GEORGE  C.  CALDWELL.  91 

Q.  Did  you  use  the  thermometer  ?     A.  I  did. 

Q.  At  what  degree  of  Fahrenheit  ?  A.  The  temperature  was  very 
low ;  I  used  a  Centigrade  thermometer,  and  I  did  not  at  the  time 
convert  it  into  Fahrenheit — 7  degrees  Centigrade. 

Q.  Did  you  notice  any  variations  of  the  thermometer  in  the 
milk  you  tested  ?  A.  There  were  no  variations  during  the  time  of  the 
experiment. 

Q.  Had  you  tested  milk  with  lactometers  before  or  after  that  ? 
A.  I  had  not. 

Q.  Did  you  ever  note  any  variations  of  temperature  in  milk 
when  tested  by  lactometers  ?  A.  As  that  is  the  only  time  I  have 
tested,  I  noticed  no  variations  then ;  I  have  noticed  no  varia- 
tions. 

Q.  In  all,  how  many  tests  did  you  make  with  the  lactometer  ? 
A.  I  made  one  test  which  included  the  addition  of  five  successive 
portions  of  water. 

Q.  Did  you  note  the  result  of  your  investigations  ?     A.  I  did. 

Q.  What  was  it?     A.  The  milk  stood  at  110. 

Q.  That  was  at  a  temperature  of  7  degrees  Centigrade ;  what 
would  that  have  been  Fahrenheit ;  at  what  lactometrical  degree 
would  that  milk  have  stood  at  60  Fahrenheit  ?  A.  I  do  not 
remember. 

Q.  That  is  not  a  question  touching  your  memory  ?  A.  I  do  not 
understand  your  question  ;  it  would  not  have  stood  at  60  degrees 
Fahrenheit. 

Q.  If  that  same  milk  had  been  at  60  Fahrenheit,  at  what  degree 
would  it  have  stood  on  the  lactometer  ?  A.  That  I  cannot  tell. 

Q.  Cannot  you  convert  Centigrade  degrees  into  Fahrenheit  ?  A. 
I  do  not  remember  ;  I  cannot  tell. 

Q.  By  using  the  lactometer  of  the  Board  of  Health  you  are  not 
able  to  tell  what  the  temperature  of  a  fluid  would  be  if  you  inserted 
the  Centigrade  thermometer  ?  A.  No,  sir ;  I  do  not  remember  the 
formal  fact  of  conversion,  always  having  a  table  at  hand. 

Q.  Did  you  test  pure  milk  ?     A.  I  tested  pure  milk. 

Q.  How  do  you  know  it  was  pure  milk  ?  A.  Milk  that  is  brought 
to  my  house  by  the  parties  who  always  supplied  it. 

Q.  Did  you  see  the  cow  milked  from  which  the  milk  proceeded? 
A.  I  did  not. 


92  TESTIMONY   OF   GEORGE   C.    CALDWELL. 

Q.  How  do  you  know  it  was  pure  milk  ?  A.  I  do  not  know  as 
I  can  say  from  positive  knowledge. 

Q.  You  said  so  a  moment  ago  ?  A.  I  must  qualify  my  answer ; 
I  had  every  reason  to  suppose  it  was  pure  milk. 

Q.  Will  you  swear,  from  the  inspection  you  made,  that  that  fluid 
was  milk  at  all  ?  will  you  look  at  this,  and  state  whether  it  is  milk 
or  some  ©ther  composition? 

(Objected  to.) 

Q.  You  could  tell  the  fluid  you  tested  was  milk  ?  A.  I  knew 
that  the  fluid  that  I  tested  was  milk. 

Q.  How  did  you  know  it  ?  A.  Because  it  was  furnished  me  by 
a  family  that  has  always  supplied  it ;  it  was  taken  from  a  portion 
of  milk  used  by  my  family  that  day. 

Q.  Is  that  the  only  reason  you  knew  it  was  milk  ?  A.  That  is 
the  only  reason  I  knew  it  was  milk. 

Q.  Aside  from  that,  you  did  not  know  it  was  milk  ?  A.  That  is 
all  the  reason  I  have  for  supposing  it  was  milk. 

Q.  And  yet  you,  as  a  distinguished  and  scientific  gentleman, 
from  that  assumption,  testify  that  you  had  knowledge  that  it  was 
pure  milk ;  is  that  it?  A.  I  testify  it  was  pure  milk. 

Q.  Suppose  I  assure  you  that  this  bottle  contains  pure  milk  and 
nothing  else,  and  you  examine  it  with  the  lactometer  and  thermo- 
meter, and,  in  short,  make  just  the  same  examination  as  you  made 
at  Ithaca,  will  you  then  state  whether  this  is  milk  or  not  ? 

(Objected  to;  objection  sustained;  exception.) 

Q.  If  a  fluid  should  be  presented  to  you  looking,  tasting,  smell- 
ing, and  to  the  touch,  like  milk,  clinging  to  the  lactometer,  and  at 
60  Fahr.  showing  90  on  the  lactometer,  would  you  give  it  as  your 
opinion  that  the  article  was  milk  ? 

(Objected  to  ;  objection  overruled.) 

A.  I  should  not  be  able  to  say  positively. 

Q.  In  your  opinion,  could  any  other  scientific  expert  say  posi- 
tively? 

(Objected  to.) 

Q.  We  submit  this  question  to  the  witness,  whether  or  not 
analysis  is  not  the  only  method  of  determining  whether  an  article 
is  milk? 

(Objected  to  ;  objection  overruled.) 


TESTIMONY  OF  GEORGE  C.    CALDWELL.  93 

A.  It  is  not. 

Q.  What  other  methods  are  there  ?  A.  I  mean  that  something 
more  than  analysis  is  necessary. 

Q.  State  what  that  is  ?  A.  We  must  have  the  taste  and  the  ob- 
servation of  the  senses  in  addition  to  analysis,  because  those  in- 
gredients may  possibly  be  mixed  together  in  proper  proportions  to 
constitute  milk,  and  not  be  milk. 

Q.  Is  not  the  use  of  the  senses  included  in  analysis  of  milk  ?  A. 
It  is  not ;  not  all  the  senses. 

Q.  What  are  included  ?  A.  The  sense  of  sight,  all  the  senses 
that  are  involved  in  the  handling  of  the  apparatus  ;  the  sense  of 
taste  is  not  necessarily  included  in  an  analysis  of  milk. 

By  Mr.  PRENTICE — Q.  Then  I  understand  that  analysis  is  only 
one  mode,  with  the  use  of  the  senses,  and  in  your  direct  examination 
you  stated  that  the  lactometer  with  the  use  of  the  senses  determined 
the  same  result  accurately  of  water  in  milk?  A.  It  determines 
the  excessive  water  in  milk. 

Q.  Is  the  use  of  analysis  any  more  accurate  a  method  of  deter- 
mining the  adulteration  by  water  than  the  lactometer,  with  the  use 
of  the  senses  in  both  cases  ? 

(Objected  to  on  the  ground  that  it  goes  into  matters  which  are 
excluded,  and  also  upon  the  ground  that  this  witness  has  not  shown 
himself  to  be  an  expert  in  the  use  of  the  lactometer  ;  objection  over- 
ruled ;  exception.) 

A.  It  is  not  any  more  accurate  in  the  case  of  excessive  watering. 

By  Mr.  LAWRENCE — Q.  Dr.  Caldwell,  how  do  you  analyze  milk? 

(Objected  to ;  objection  sustained  ;  exception.) 

Q.  Dr.  Caldwell,  can  you  determine  without  analysis  whether  a 
fluid  is  milk  ? 

(Objected  to  ;  objection  overruled.) 

A.  It  can  be. 

Q.  How  ?  A.  By  careful  observation  of  the  sources  from  whence 
it  is  taken. 

Q.  Is  there  any  other  way  besides  seeing  the  cow  milked  ?  A. 
I  do  not  think  there  is. 

Q.  Are  you  not  sure  about  it,  that  to  know  a  fluid  to  be  milk  a 
man  must  either  see  a  cow  milked  or  analyze  the  fluid  ?  A.  I  won't 
be  positive ;  I  think  he  must. 


94  TESTIMONY   OF  THOMAS  H.   DOUGHTY. 


THOMAS    H.   DOUGHTY,    sworn  and    examined    by   Mr.    PBENTICE, 
testifies  as  follows : 

Q.  What  is  your  business,  Mr.  Doughty  ?  A.  I  am  Manager  of 
the  Essex  County  Farmers  Milk  Association. 

Q.  "Where  is  your  place  of  business?  A.  In  New  York,  297 
Seventh  avenue. 

Q.  How  long  have  you  been  connected  with  this  company  ?  A. 
About  two  years  and  a  half. 

Q.  How  does  your  milk  come  to  the  city  ?  A.  It  comes  in  forty- 
quart  cans. 

Q.  How  much  do  you  deal  in  ?  A.  We  use  from  forty  and  some- 
times as  high  as  fifty  and  sixty  cans. 

By  the  COUET — Q.  In  a  day  ?     A.  Yes,  sir. 

By  Mr.  PBENTICE — Have  you  tested  the  milk  of  covs  with  the 
lactometer  ?  A.  Yes,  sir. 

Q.  The  Board  of  Health  lactometer  ?  A.  It  has  been  compared 
with  the  Board  of  Health  lactometer,  and  it  has  been  found  to  agree 
with  theirs  :  I  have  compared  it  with  officer  Jepson's  instrument 
at  my  office  and  it  agreed  ;  I  will  correct  that — with  the  Board  of 
Health  lactometer. 

Q.  What  was  the  standard  of  that  ?     A.  1.029. 

Q.  And  at  what  degree  of  Fahrenheit  ?     A.  At  60. 

Q.  How  many  tests  have  you  made  ?  A.  I  suppose  I  have  made 
between  two  and  three  thousand  tests. 

Q.  Have  you  ever  found  by  the  lactometer  genuine  milk  stand- 
ing below  100  at  60  Fahr.  ? 

(Objected  to  on  the  ground   that  it  is  incompetent   and  irrele- 
vant ;  objection  overruled  ;  exception.) 
A.  No,  sir. 

Q.  At  what  did  you  find  it  ?  A.  I  found  it  to  vary  from  100  to 
as  high  as  112. 

Q.  How  did  you  make  your  tests  ?  did  you  use  your  senses  ? 
A.  To  a  certain  extent  ;  I  smell  of  it  to  see  if  it  is  milk  or 
not.  I  visit  all  the  farmers  myself  and  I  know  very  thoroughly  that 
it  could  not  be  anything  else  but  milk,  because  the  parties  are  too 
ignorant  to  make  any  chemical  preparations. 


TESTIMONY   OF  THOMAS   H.    DOUGHTY.  95 

By  the  COURT — Q.  The  milk  you  get  comes  from  different  far- 
mers ?  A.  Yes  ;  it  comes  from  different  members  of  our  organization. 

By  Mr.  PRENTICE — Q.  Tell  me  what  commercial  milk  is,  how  it 
comes,  how  it  is  mixed,  and  in  what  quantities  ? 

(Objected  to  as  irrelevant  and  immaterial.) 

A.  As  I  understand,  commercial  milk,  the  farmers  milk  in  the 
morning  and  at  night  ;  these  two  milks  are  added  together  after 
they  are  cooled  properly  in  a  spring,  and  are  sent  to  New  York,  in 
cans. 

Q.  What  sized  cans  ?     A.  40  quarts  generally. 

Q.  And  the  milk  of  a  number  of  cows  in  the  same  can  ?  A.  Yes, 
sir. 

Cross-examined : 

Q.  Mr.  Doughty,  do  you  know  Daniel  Schrumpf,  the  defendant  ? 
A.  No,  sir  ;  I  never  saw  him  that  I  know  of. 

Q.  Can  you  tell  whether  the  milk  in  his  shop  on  the  25th  of 
August  last,  was  mixed  milk  or  milk  from  a  single  cow  ?  A ,  I  have 
never  seen  it. 

Q.  How  was  this  lactometer  that  you  used,  tested  ?  A.  The 
Board  of  Health  officer  called  at  our  place  to  test  our  milk,  and  as 
he  made  his  test,  I  have  a  test  in  the  office  of  every  can  of  milk 
disposed  of  by  us  every  day,  and  1  asked  him  to  give  me  his  test  ; 
he  gave  me  the  reading  of  his  instrument,  and  I  put  my  instrument 
immediately  after  in  the  milk,  and  it  read  the  same. 

Q.  At  what  degree  was  that  ?  A.  That  milk  that  he  tested  stood 
110. 

Q.  How  many  degrees  higher  on  your  instrument  that  you  used  ? 
A.  I  read  to  110  and  down  to  80  ;  those  are  the  only  ones  that  I 
pretend  are  correct ;  I  have  tried  3  or  4  instruments  and  I  never 
found  them  to  agree. 

Q.  How  many  degrees  are  printed  in  the  graduation  of  your 
instrument  ?  A.  It  is  graduated  to  120. 

Q.  From  what?     A.  Graduated  from  zero,  graduated  to  120. 

Q.  Can  you  swear  that  your  lactometer  was  correct  as  compared 
with  the  lactometer  which  you  know  to  be  one  of  the  Board  of 
Health's  at  any  other  point  than  120,  than  the  one  you  referred  to? 
A.  Yes,  sir. 


96  TESTIMONY  OF  THOMAS  H.  DOUGHTY. 

Q.  How  many  at  120  ?  A.  I  can  swear  to  it  at  120,  110  and 
100. 

Q.  Did  you  test  it  at  100  ?  A.  Yes,  sir ;  because  we  made  an 
experiment  at  my  office  at  that  time. 

Q.  How  often  have  you  found  pure  milk  at  100  ?  A.  I  found  it 
running  100  in  the  month  of  September,  quite  frequently. 

Q.  I  would  like  to  know  about  how  many  times  ?  A.  If  I  had 
my  book  I  could  tell  you  exactly  ;  I  have  seen  it  10  nights  in  suc- 
cession on  milk  ;  I  suppose  I  have  seen  it  in  a  thousand  different 
cans  of  milk  standing  at  100. 

Q.  Pure  milk  ?     A.  Yes,  sir  ;  milk  supposed  to  be  pure. 

By  the  COUET — Q.  Did  all  these  run  at  100?  A.  The  tests  vary 
in  different  months. 

Q.  Do  farmers  have  these  lactometers  ?  A.  Yes,  sir  ;  every  one 
of  our  members  have  got  them,  and  some  of  our  customers. 

By  COUNSEL — Q.  Have  you  found  any  milk  less  than  100  ?  A. 
I  have  seen  milk  taken  from  cows  which  were  feverish — farmers 
very  frequently  send  such  milk  down  here. 

Q.  I  ask  you  whether  you  have  seen  pure  milk  at  less  than  100, 
and  how  often  you  have  seen  it  ?  A.  I  have  seen  it  so  in  diseased 
cows. 

Q.  Only  in  diseased  cows  ?  A.  Never  in  any  case  where  I  knew 
the  milk  to  be  pure,  have  I  seen  it  below  100. 

Q.  Are  you  a  judge  of  cattle  as  to  whether  they  are  diseased  or 
not  ?  A.  I  am  a  fair  judge  of  cattle:  I  can  tell  I  think  when  a  cow  has 
got  fever ;  about  calving  time  I  know  generally  cows  have  got 
fever. 

Q.  About  calving  time  how  does  milk  run,  does  it  run  below  100 
or  over?  A.  I  have  seen  milk  run  down  below  100  at  calving 
time. 

Q.  How  often  ?  A.  I  know  of  ten  instances  where  I  have  noticed 
it  myself. 

Q.  Are  those  the  only  instances  you  know  of?  A.  Those 
instances  I  have  noticed. 

By  the  COURT— Q.  Just  before  calving?  A.  Yes,  sir  ;  there  will 
be  blood  particles  through  the  milk. 

By  Mr.  PKENTICE — Q.  Milk  at  that  time  has  a  scientific  name  ; 
do  you  know  it  ?  A.  I  do  not. 


TESTIMONY  OF  HENRY  MORTON.  97 


THURSDAY,  DECEMBER  21,  1876. 

HENRY  MORTON,  sworn  and  examined  by  Mr.   PRENTICE,  testified  as 
follows  : 

Q.  Dr.  Morton,  you  are  a  chemist  by  profession,  are  you  ?  A. 
I  am  a  physicist. 

Q.  Ifou  are  President  of  the  Stevens  Institute  ?  A.  The  Stevens 
Institute  of  Technology  in  New  Jersey. 

Q.  State  how  long  you  have  been  in  this  profession  and  the 
places  you  have  occupied  and  your  experience  ?  A.  I  have  been 
engaged  in  the  study  and  investigation  of  subjects  involved  in  the 
science  of  chemistry  and  physics  since  my  boyhood  ;  I  have  occupied 
the  position  of  Professor  of  Chemistry  in  the  University  of  Penn- 
sylvania in  Philadelphia,  and  Professor  of  Chemistry  in  the  Phil- 
adelphia Dental  College  ;  I  have  for  the  last  seven  years  been  tLe 
President  of  the  Stevens  Institute  and  in  connection  with  my 
duties  there  have  given  instruction  in  physics  more  especially  and 
in  the  use  of  various  physical  instruments,  and  during  the  same 
time  have  carried  on  various  investigations  in  the  subjects  of  chem- 
istry and  physics ;  that  is,  investigations  which  involve  questions 
of  chemistry  and  physics. 

Q.  You  are  familiar  with  the  processes  and  manipulations  in- 
volved in  the  use  of  scientific  instruments  and  the  prosecution  of  ex- 
periments and  scientific  researches  on  the  subject  ?  A.  I  believe 
that  I  am. 

Q.  Have  you  published  the  results  of  original  investigations  on 
scientific  subjects  ?  A.  I  have  in  a  number  of  instances. 

Q.  And  have  these  been  republished  in  foreign  journals  ?  A. 
They  have  in  England,  in  France,  and  in  Germany. 

Q.  Do  you  know  the  class  of  instruments  called  hydrometers  ? 
A.  I  do. 

Q.  And  the  lactometer,  you  are  acquainted  with  its  use  ?  A. 
I  am. 

Q.  And  have  you  used  such  frequently  in  your  investigations  ? 
A.  I  have. 

Q.  How  general  is  the  use  of  these  hydrometers  in  manufactories 
and  stores  for  the  purpose  of  showing  in  what  proportion  various 
7 


98  TESTIMONY   OF   HENKY   MORTON. 

substances  are  mingled  with  water  ?  A.  Very  generally  in  chemical 
manufactories  where  acids  for  example  are  manufactured  in  large 
quantity,  hydrometers  are  used  to  determine  the  percentage  of 
acid  to  water  or  in  other  words  the  strength  of  acids ;  in  distil- 
leries and  vinegar  manufactories,  in  breweries,  in  sugar  houses  and 
among  those  dealing  in  similar  products  ;  similar  instruments  are 
also  used  where  water  is  not  concerned  in  the  buying  and  selling 
of  petroleum  products,  naphtha,  kerosene,  etc. 

Q.  You  would  say  it  is  in  general  use,  readily  to  be  used  by  any 
person  of  ordinary  intelligence?  A.  Yes,  it  requires  no  special 
skill. 

Q.  What  is  your  opinion  of  the  accuracy  of  such  instruments 
for  determining  specific  gravity  of  liquids  as  compared  with  such 
other  methods  as  are  commonly  in  use  ?  A.  I  think  they  are  quite 
as  accurate  ;  the  accuracy  in  any  sort  of  method  depends  upon  the 
care  and  the  precaution  and  the  arrangement  ;  tins  being  the  same 
in  both  cases  as  accurate  results  may  be  obtained  with  these  as  with 
the  other  ordinary  methods,  such  as  the  specific  gravity  bottle. 

Q.  Then,  is  the  use  of  the  lactometer,  for  instance,  in  determin- 
ing the  question  of  the  watering  of  milk  as  accurate  as  that  other 
method  you  named  ?  A.  Unquestionably,  for  such  a  purpose  as 
this  there  can  be  no  doubt,  for  in  this  extreme  accuracy  is  not  in 
any  way  necessary  ;  the  question  of  a  tenth  of  a  degree,  more  or 
less,  of  course  is  outside  of  the  limits  that  are  involved  in  such  an 
inquiry  as  this. 

Q.  Are  the  indications  upon  the  hydrometers  of  this  class  of 
instruments  under  the  -circumstances  related  relied  upon  even  where 
large  sums  of  money  are  involved  by  those  who  use  them  ? 

(Objected  to  ;  objection  overruled  ;  exception.) 

Q.  Does  any  difficulty  present  itself  in  the  use  of  the  lactometer 
beyond  that  which  is  found  in  the  use  of  these  other  similar  instru- 
ments ?  A.  That  for  instance  with  alcohol  we  have  a  perfectly 
fixed  body,  alcohol ;  in  the  case  of  milk  we  have  a  body  which 
varies  within  certain  limits  ;  therefore,  in  the  case  of  alcohol  we  can 
have  a  precise  determination,  because  we  start  with  a  certain  known 
basis  perfectly  defined  ;  in  the  case  of  milk  we  have  not  that  fixed 
known  basis,  and  hence  we  cannot  so  precisely  and  definitely  say 
just  how  much  water  may  be  mixed  with  the  milk,  as  this  will 


TESTIMONY   OF   HENRY   MORTON.  99 

depend  upon  whether  the  original  milk  was  a  little  heavier  or  a  little 
lighter  to  begin  with  ;  this  is  a  difficulty,  however,  simply  limiting 
the  degree  of  precision  in  application  and  not  the  general  principle, 
and  the  proper  margin  being  allowed,  the  indications  are  just  as 
reliable  and  just  as  good  a  foundation  for  a  judgment  or  conclusion. 

Q.  You  have  stated  that  there  is  not  a  fixed  standard  for  milk 
as  for  alcohol ;  is  there  not  a  fixed  standard  of  gravity  for  milk 
accepted,  or  is  it  not  fixed  within  certain  limits  ?  A.  It  is  accepted 
within  certain  limits. 

Q.  So  far  as  the  best  knowledge  and  opinion  goes  among  scientific 
men,  is  there  not  a  fixed  standard  of  the  specific  gravity  of  milk  ? 

(Objected  to  on  the  ground  that  the  witness  cannot  state  the  best 
opinions  of  scientific  men,  as  it  devolves  on  him  to  discriminate  be- 
tween those  who  are  good  and  bad  ;  objection  overruled ;  excep- 
tion.) 

A.  I  consider  that  the  opinion  of  those  scientific  men  who  have 
studied  this  subject,  and  written  upon  it,  and  who  are  free  from 
personal  bias  in  relation  to  it,  is  to  the  effect  that  the  normaldensity 
of  milk  is  above  1.029  at  60  Fahr. 

Q.  Is  the  lactometer  alone  to  be  used  as  a  means  of  distinguish- 
ing milk  from  any  other  fluid  of  the  same  density?  A.  It  is  not, 
any  more  than  an  alcoholometer,  or  similar  instrument  for  determin- 
ing the  percentage  of  alcohol  and  water,  is  useful  or  is  available  for 
discriminating  between  alcohol  and  any  other  liquid  of  like  density 
such  as  naphtha  or  the  like. 

Q.  You  are  acquainted  with  the  general  literature  on  the  sub- 
ject of  milk  ?  A.  I  am. 

Q.  What  is  the  best  opinion  according  to  the  best  authorities 
with  regard  to  the  use  of  the  lactometer  for  detecting  the  watering 
of  milk? 

(Objected  to  on  the  ground  that  it  calls  upon  this,  witness  to 
discriminate  between  the  authorities  ;  objection  overruled  ;  ex- 
ception.) 

A.  It  is  that  the  lactometer  is  a  reliable  means  for  detecting  the 
adulteration  of  milk  by  the  excessive  addition  of  water  ;  no  one,  I 
think,  has  ever  claimed  that  the  lactometer  will  detect  the  addition 
of  small  quantities  of  water  to  milk  ;  but  when  these  quantities 
become  considerable,  20  per  cent,  and  more,  then  I  believe  that  it 


100  TESTIMONY   OF   HENRY  MORTON. 

is  an  available  means,  in  conjunction  of  course  with  st.ch  other 
evidence  as  the  senses  and  observation  supplies,  for  this  discrimin- 
ation under  ordinary  conditions,  such  conditions  as  are  met  with  in 
the  circumstances  now  under  consideration. 

Q.  If  you  have  a  sample  of  commercial  milk,  milk  offered  for 
sale  in  the  city  of  New  York,  whicli  at  60  Fahrenheit,  will  rate  at  90 
on  the  lactometer  of  the  standard  of  1.029,  what  in  your  opinion 
will  that  determine  ?  A.  That  it  was  milk  adulterated  with  water. 

Q.  You  have  personally  tested  samples  of  milk  with  the  lacto- 
meter ?  A.  I  have. 

Q.  How  did  you  determine  that  the  milk  was  milk  ?  A.  By  a 
consideration  of  all  the  conditions  under  which  I  found  it  or  re- 
ceived it.  I  may  illustrate  what  I  mean  perhaps  by  another  exam- 
ple ;  if  I  went  into  a  grocery  store  and  asked  for  some  eggs,  and 
articles  were  given  to  me  which  looked  like  eggs,  and  I  bought  them 
and  paid  for  them,  I  should  feel  myself  justified  in  swearing  that 
they  were  eggs,  that  I  knew  them  to  be  eggs  ;  if  I  went  into  Hel- 
ler's establishment  up  Broadway,  the  gentleman  who  sells  material 
for  legerdemain,  and  saw  an  article  which  looked  exactly  like  an 
egg  so  that  I  could  not  tell  them  apart,  I  should  not  feel  myself 
justified  in  swearing,  nor  would  I  feel  sure  that  that  was  an  egg.  I 
consider  that  my  knowledge  of  anything  is  not  derived  from  one, 
two  or  three  circumstances  involved,  but  from  all  of  them,  and  it  is 
only  upon  the  basis  of  all  the  circumstances  involved  that  that 
knowledge  can  be  waighed  and  established. 

Q.  In  the  testing  of  commercial  milk,  is  the  question  of  the 
amount  of  butter  or  fat  in  it  important  ?  A.  Not  in  my  estimation 
in  comparision  with  the  question  of  the'  amount  of  its  other  con- 
stituents, such  as  caseine,  sugar  and  salts  ;  butter  is  not,  strictly 
speaking,  a  nutritious  substance  ;  the  caseine  containing  nitrogen  is 
far  more  important,  going  to  build  up  tissue  ;  the  butter  resembles 
in  its  effects  rather  the  sugar  than  the  caseine  ;  they  might  be  re- 
garded as  of  similar  importance  in  my  estimation. 

Q.  Did  you  make  any  test  of  milk  that  had  been  frozen? 
A.  Yes,  I  did. 

By  the  COURT — Professor,  I  assume  from  what  you  have  stated, 
there  is  a  mode  other  than  by  the  hydrometer  of  ascertaining  the 
specific  gravity  of  fluid?  A.  Certainly,  a  great  many  more. 


TESTIMONY  OF  HENRY  MORTON.  101 

By  COUNSEL  FOR  PEOPLE — Q.  Is  there  any  other  instrument,  so 
far  as  you  are  informed,  which  is  used  for  ascertaining  the  spe- 
cific gravity  of  fluid  by  insertion  in  the  fluid,  other  than  the 
hydrometer,  that  kind  of  a  hydrometer  called  a  lactometer — do 
you  understand  me  ?  A.  Not,  perhaps,  properly  speaking,  an  in- 
strument, but  by  weighing  a  heavy  substance — for  example,  plati- 
num— in  distilled  water,  and  then  weighing  the  same  lump  in 
another  fluid,  we  can  compare  the  densities  of  the  two  fluids. 

Q.  It  becomes  my  duty  to  ascertain,  under  some  police  regula- 
tions, the  quality  of  milk  which  may  be  kept  for  sale  in  New  York  : 
Is  there  any  instrument,  except  the  hydrometer  called  the  lactome- 
ter, by  which  the  specific  gravity  of  milk  thus  found  can  be  prac- 
tically determined  at  the  place  where  you  find  it,  by  any  other 
instrument  than  the  lactometer  ?  A.  None  to  my  knowledge. 

Q.  You  regard  the  lactometer  as  the  best  practical  test  of  water- 
ing? A.  Undoubtedly. 

Cross-examined  : 

Q.  Professor  Morton,  I  understand  you  to  testify  that  you  regard 
it  as  important  that  the  lactometer  should  be  accurately  construct- 
ed and  accurately  used.  Am  I  correct  ?  A.  The  term  accurate 
of  course  admits  of  a  very  wide  range  of  interpretation.  When  I 
use  the  term  accurate,  I  mean  sufficiently  accurate  for  the  purpose 
involved. 

Q.  As  you  are  going  into  metaphysics,  will  you  stai,o  the  differ- 
ence between  accurate  and  sufficiently  accurate  for  the  purpose  in- 
volved? A.  Certainly.  When  I  buy  a  pound  of  sugar,  I  expect 
the  scales  of  the  grocer  to  be  so  far  accurate  that  he  shall  not  cheat 
me.  If  I  wish  to  determine  the  specific  gravity  of  a  new  element, 
I  should  only  be  satisfied  when  my  balance  was  so  accurate  that  I 
knew  110  way  of  making  it  more  so. 

Q.  If  you  made  a  test  of  a  substance  or  fluid  by  a  scientific  in- 
strument, and  upon  that  test  you  propose  to  base  a  criminal  prose- 
cution which  might  have  the  effect  of  ruining  the  person  prose- 
cuted or  subjecting  him  to  fine  or  imprisonment,  would  you  not  use 
the  most  accurate  test  that  you  could  possibly  get  hold  of?  A.  Not 
if  the  question  involved  was  entirely  independent  of  the  extreme 
accuracy  of  the  test. 


102  TESTIMONY   OF  HENRY  MOETON. 

Q.  In  making  a  test  upon  the  result  of  which  such  a  prosecution 
was  intended  to  be  based,  how  far  would  you  regard  yourself  as 
being  justified  in  departing  from  the  standard  of  extreme  accuracy  ? 
A.  I  would  require  such  accuracy  that,  the  extreme  limit  of  error 
being  admitted,  my  conclusion  would  be  irrefutable. 

Q.  Then  you  would  not  regard  it  as  necessary  to  use  the  best  and 
most  accurate  method  that  science  could  devise  ?  A.  I  would  not. 

Q.  You  say  if  the  lactometer  differs  the  tenth  part  of  a  degree, 
or  is  not  accurate  to  that  extent,  that  will  not  endanger  the  accu- 
racy of  the  test,  do  you  not?  A.  I  said  substantially  what  you 
mentioned,  but  did  not  intend  to  limit  myself  to  the  tenth  part  of  a 
degree  of  the  lactometer. 

Q.  Suppose  it  differed  the  hundredth  part  of  a  degree  ?  A.  That 
would  not  injure  the  test. 

Q.  Suppose  it  differed  a  tenth  ?  A.  That  would  not  injure  the 
test. 

Q.  Suppose  it  differed  a  degree  ?  A.  That  would  not  affect  the 
test. 

Q.  Suppose  it  differed  two  degrees  ?  A.  I  do  not  think  then  it 
would  be  impossible. 

Q.  Suppose  it  differed  three  degrees  ?  A.  The  question  would 
presently  resolve  itself  into  whether  at  that  point  or  soon  after  there 
would  be  one  involved  on  which  the  main  question  hung ;  if  in  the 
specific  case  the  adulterated  material  showed  50  per  cent,  of  water 
I  should  consider  that  an  error  in  the  lactometer,  of  three  or  five 
degrees  was  of  no  importance. 

Q.  Suppose  the  adulterated  fluid  appeared  to  be  adulterated  to 
the  extent  of  15  per  cent.,  would  you  regard  an  error  in  the  lacto- 
meter of  three  degrees  as  being  important  ?  A.  I  should  regard  it 
of  small  importance. 

Q.  Take  the  case  put  by  Prof.  Chandler,  assuming  the  cow's  milk 
to  be  120  and  therefore  that  the  lactometer  will  not  detect  adulter- 
ation to  an  extent  of  15  per  cent.,  in  that  case  would  a  variation  or 
inaccuracy  in  the  lactometer  of  one  degree  be  important?  A.  Your 
question  involves  a  statement  which  I  do  not  understand  Dr. 
Chandler  to  have  made. 

Q.  Understand  the  statement  as  coming  from  me  as  a  hypothe- 
tical question  if  you  choose  ?  A.  I  must  in  that  case,  in  the  first 


TESTIMONY  OF   HENRY  MORTON.  103 

instance,  correct  what  I  conceive  to  be  an  error  ;  that  is  the  state- 
ment that  the  lactometer  will  not  detect  the  addition  of  twenty 
per  cent. 

Q.  I  said  15  per  cent. ;  A.  I  beg  your  pardon. 

Q.  When  a  cow's  milk  stands  at  120,  how  much  water  may  be 
added  without  being  detected  by  the  lactometer  ?  A.  If  a  cow's 
milk  stood  at  that  degree  in  the  first  instance  and  we  added  any 
water  to  it,  more  than  perhaps  one  or  two  per  cent.,  the  lactometer 
would  detect  it. 

Q.  Did  you  not  hear  Dr.  Chandler  testify  upon  the  stand  that 
good  milk  standing  at  120  will  bear  the  addition  of  16  or  17  per 
cent,  of  water  without  going  below  100  ? 

(Objected  to  on  the  ground  that  in  the  testimony  there  were  a 
number  of  lactometers  ;  objection  overruled.) 

A.  I  cannot  from  memory  assert  one  or  the  other. 

Q.  Is  your  memory  bad,  Professor  ?  A.  It  does  not  enable  me 
to  retain  every  answer  in  a  long  examination. 

Q.  Is  it  true,  as  the  learned  counsel  for  the  prosecution  has  just 
stated,  that  the  lactometer  is  graduated  to  take  effect  only  at  the 
specific  gravity  of  1.029  ?  A.  I  do  not  understand  the  learned 
counsel  for  the  prosecution  to  have  stated  what  I  understand 
your  question  might  imply  ;  will  you  allow  me  to  explain  ?  I  find 
this  lactometer  to  have  a  number  of  marks  upon  it ;  one  of  these 
has  the  figure  100,  and  that  I  understand  to  represent  the  gravity 
of  1.029  ;  then  there  are  other  marks  adjusted  to  a  scale  which  if 
continued  would  give  us  a  zero  mark  corresponding  to  the  gravity 
1.000,  or  that  of  distilled  water  at  60  ;  between  these  extremes 
the  scale  is  divided  into  theoretical  hundredth  parts ;  consequently 
if  we  assume  that  when  plunged  in  it,  we  shall  have  a  standard  of 
milk,  milk  at  the  gravity  of  1.029  the  instrument  would  indicate 
100  or  float  at  the  100  mark  ;  this  would  show  us  that  this  was 
100  per  cent,  of  normal  milk,  in  other  words  nothing  but  the 
assumed  normal  milk ;  if  to  this  any  percentage  of  water  were 
added  the  instrument  would  sink  deeper  and  the  level  would  come 
to  another  mark  on  the  scale,  say  80,  which  would  then  indicate 
that  there  was  only  80  per  cent,  of  this  normal  milk  and  that  the 
other  20  per  cent,  was  made  up  by  water  ;  these  same  degrees  are 
continued  below  the  100  mark,  and  in  this  instrument  reach 


104  TESTIMONY  OF  HENEY  MORTON. 

the  number  120 ;  they  would  then  indicate  something  denser  than 
normal  milk  and  I  think  it  is  clear  enough  already  what  this  would 
mean  that  the  normal  milk  stood  100,  being  an  extremely 
light  kind  of  milk  ;  that  milk  would  be  often  found  for  sale  heavier 
than  this,  and  the  degree  in  which  it  was  heavier  would  be  indicated 
on  this  scale,  but  no  longer  as  a  percentage  of  milk  and  water  of 
course  as  before  ;  this  I  understand  to  be  what  the  instrument  is, 
and  I  presume  must  be  what  the  learned  counsel  alluded  to. 

COUNSEL — I  move  to  strike  the  answer  out ;  it  is  not  responsive 
to  the  question. 

COURT — I  think  it  is  responsive,  or  if  you  think  it  is  too  much 
responsive,  I  will  leave  it  in. 

COUNSEL — I  will  except. 

WITNESS — Would  you  like  me  to  add  a  word  ? 

COUNSEL — No,  sir. 

Q.  Now,  Prof.  Morton,  if  milk  which  when  pure  would  have 
stood,  by  the  lactometer,  at  120,  have  15  per  cent,  of  water  added  to 
it,  what  will  the  lactometer  show  ?  A.  I  never  tried  that  experiment. 

Q.  Can  you  state  from  the  vast  knowledge  which  you  have  ac- 
quired from  other  sources  than  by  experiment?  A.  I  think  no  man 
of  scientific  knowledge  will  ever  venture  to  predict  the  results  of 
an  experiment. 

Q.  Then,  do  you  not  think  that  it  is  only  safe  for  a  scientific  man 
to  testify  to  things  within  his  own  personal  experience  ?  A.  When 
he  testifies  to  them  as  matters  of  his  knowledge,  certainly. 

Q.  When  he  testifies  to  them  as  matters  of  fact  in  a  court  of  law, 
is  it  safe  for  him  to  testify  to  matters'  outside  of  his  own  personal 
experience  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  Suppose  pure  milk  stands  at  100  degrees  on  the  lactometer 
when  properly  tested,  how,  much  water  may  be  added  without  bring- 
ing the  lactometer  down  lower  than  99  ?  A.  This  would  depend  on 
the  accuracy  of  the  lactometer,  but,  within  the  reasonable  limits,  I 
should  suppose  one  or  two  per  cent. 

Q.  How  much  would  be  required  to  be  added  to  bring  the  lacto- 
meter down  two  degrees  ?  A.  Two  or  three  per  cent. 

Q.  How  much  to  bring  it  down  ten  degrees  ?  A.  From  ten  to 
twelve  per  cent. 


TESTIMONY  OF  HENRY  MORTON.  105 

Q.  How  much  to  bring  it  down  to  fifteen  ?  A.  Fourteen  to  six- 
teen. 

Q.  Then  it  is  an  irregular  scale,  is  it  not  ?  A.  Not  as  I  under- 
stand it. 

Q.  What  per  cent,  of  water  added  influences  the  lactometer  to 
the  extent  of  lowering  it  one  degree ;  do  you  estimate  one  per  cent, 
of  water  to  a  degree,  or  two  per  cent.,  or  what ;  is  it  irregular  ?  A. 
I  will  answer  to  the  best  of  my  ability ;  I  think  I  know  what  you 
want;  the  scale  is  a  regular  one,  with  a  constant  limit  of  error; 
that  is  to  say,  each  per  cent,  of  water  added  adds  a  degree,  with  an 
error  of  a  degree  or  two  in  the  possible  adjustment  of  the  instrument 
and  reading. 

Q.  Then  the  regularity  of  that  scale  is  principally  notable,  is  it 
not,  for  its  irregularity?  A.  I  think  not;  just  such  things  are  con- 
stantly used  in  various  scientific  investigations. 

Q.  Professor,  will  you  state  what  is  the  lowest  standard  of  spe- 
cific gravity  of  pure  milk  recognized  among  scientific  men  ?  A.  In 
reference  to  milk  of  individual  cows  ? 

Q.  I  do  not  ask  you  that ;  I  ask  you  as  to  cows  in  general  ?  A. 
You  did  not  mention  cows  at  all. 

Q.  Nor  is  it  proved  that  this  is  cow's  milk  in  this  case.  A. 
There  is  no  recognized  limit,  as  to  milk  in  general,  other  than  the 
average  which  I  have  already  stated. 

Q.  Do  not  the  authors  whom  you  have  referred  to  in  Europe 
and  in  this  country  recommend  the  use  of  the  lactometer  at  1.029 
as  the  lowest  standard  of  specific  gravity?  A.  Most  of  them,  I 
think  ;  my  impression  is  that  1.030  has  been  recommended. 

Q.  Will   you  name  a  few  of  the  fluids  besides  milk  which  are- 
ordinarily  examined  with  the  hydrometer  or  its  modifications.     A. 
Nitric  acid,  sulphuric  acid,  in  its  various  forms,  hydrochloric  acid, 
alcohol. 

Q.  Now,  take  alcohol ;  in  alcohol  are  not  all  the  ingredients 
either  lighter  or  heavier  than  the  alcohol  itself  ?  A.  I  do  not  want 
to  be  captious,  but  really  if  you  will  allow  me  to  explain  it  and  go 
on — 

Q.  No,  I  will  perhaps  shorten  it  by  asking  another  question  ? 
A.  Alcohol  is  one  thing,  therefore  it  cannot  have  ingredients  if  I 
understand  what  you  mean. 


106  TESTIMONY  OF  HENEY  MORTON. 

Q.  As  to  alcohol  are  not  all  its  ingredients  heavier  than  the 
alcohol  itself?  A.  I  must  still  explain  ;  the  word  alcohol  is  used  in 
two  senses,  to  mean  (1)  a  chemical  substance — alcohol  is  a  compound 
of  carbon,  hydrogen  and  oxygen,  and  (2)  a  mixture  of  alcohol  and 
water  in  various  proportions  ;  if  I  understand  you  to  mean  that  a 
chemically  pure  alcohol  is  lighter  than  the  mixture  of  alcohol  and 
water,  that  is  so. 

Q.  Is  not  alcohol  lighter  than  any  and  all  of  its  adulterants  ? 

(Objected  to.) 

COUNSEL — I  propose  to  show  that  all  modifications  of  the  hydro- 
meter have  a  certain  peculiarity,  which  is  lacking  in  the  lactome- 
ter. 

WITNESS — I  have  already  explained  that  in  my  testimony  in 
chief ;  I  may  mention  personally  that  I  anticipate  what  you  are  now 
about  to  ask  me. 

Q.  Perhaps  you  can  explain  ?  A.  Chemically  pure  alcohol  is 
lighter  than  its  ordinary  adulterants ;  in  the  case  of  sulphuric  acid, 
it  is  heavier  than  the  water  with  which  it  is  mingled  ;  in  the  case 
however  of  milk  we  have  a  substance  as  I  explained  before  contain- 
ing materials  both  lighter  and  heavier  and  therefore  varying ;  if 
there  were  no  relation  existing  in  these  variations  we  could  deter- 
mine nothing  about  it  in  connection  with  its  gravity ;  these  rela- 
tions, however,  existing,  by  finding  out  the  widest  range  or  limit 
correctly  in  practice  and  using  this  as  our  starting  point  we  can 
approximate  and  obtain  a  sufficiently  accurate  determination. 

Q.  Then  as  I  understand  you  the  hydrometer  and  its  modifica- 
tions are  strictly  accurate  as  a  means  of  detecting  adulterants  when 
applied  only  to  fluids  the  adulterants  of  which  are  either  lighter  or 
heavier  than  the  fluids  themselves  ;  is  that  it?  A.  That  is  it. 

Q.  Now  milk  may  have  an  adulteration  by  water  or  an  adulter- 
ation by  cream,  may  it  not  ?  A.  Certainly. 

Q.  Or  an  excess  of  cream  ?     A.  It  may. 

Q.  Now  an  adulteration  by  water  is  an  adulteration  by  some- 
thing that  is  lighter  than  milk  itself,  is  it  not  ?  A.  Yes,  sir. 

Q.  And  the  adulteration  by  cream  or  the  presence  of  excessive 
cream,  that  tends  to  make  the  milk  lighter,  does  it  not  ?  A.  It  does 
to  a  degree,  but  cream  itself  being  heavier  than  water,  a  great 
deal  of  cream  must  be  added  to  produce  a  small  effect. 


TESTIMONY  OF  HENEY  MORTON.  107 

Q.  You  concede,  do  you  not,  that  as  a  test  of  the  purity  of  milk 
the  hydrometer  is  not  as  strictly  accurate  as  it  is  when  used  as  a 
test  of  other  fluids  to  which  it  is  ordinarily  applied  ?  A.  As  a 
test  of  some  of  the  ordinary  fluids  to  which  it  is  applied;  it  would 
not  be  so  in  reference  to  mixtures  of  petroleum  distillate,  naphthas, 
and  the  like,  where  the  mixture  of  bodies  of  different  densities 
takes  place. 

Q.  Professor  Morton,  if  two  samples  of  milk  which  when  pure, 
each  of  which  stood  at  100  by  the  lactometer  properly  used,  were 
presented  to  you,  one  sample  having  been  adulterated  by  the 
addition  of  water,  and  the  other  having  been  adulterated  by  the 
addition  of  cream,  each  adulteration  being  to  such  an  extent  as  to 
bring  the  fluid  down  to  90  on  the  lactometer,  and  you  applied  to- 
those  two  fluids  the  test  by  the  lactometer,  the  thermometer  and 
the  exercise  of  the  senses,  could  you  tell  which  milk  had  received 
the  water  and  which  the  cream  ?  A.  I  think  I  could. 

Q.  Are  you  positive  about  it  ?  A.  I  cannot  be  positive  about  a, 
future  event. 

Q.  Have  you  ever  tried  such  a  thing  ?     A.  I  have  not, 

Q.  What  experiments  have  you  made  in  the  analysis  of  milk  ? 
A.  I  have  examined  various  specimens  of  milk  with  the  lactometer 
and  hydrometer. 

Q.  How  many  ?     A.  About  a  dozen. 

Q.  Within  how  long  ?     A.  Some  of  them  last  week. 

Q.  How  many  ?     A.  Some  7  or  8. 

Q.  With  reference  to  this  trial  ?  A.  N'o,  with  no  special  refer- 
ence to  this. 

Q.  You  knew  at  that  time  that  you  were  to  be  a  witness  on  this 
trial,  did  you  not.  A.  I  did. 

Q.  Prior  to  last  week,  how  many  analyses  of  milk  have  you  made  ? 
A.  In  using  the  term  analyses,  which  has  a  good  many  meanings,  I 
must  explain  that  I  have  examined  milk,  but  have  not  made  strictly 
an  analysis,  that  is,  I  have  not  separated  it. 

Q.  I  am  not  using  the  word  analysis  in  what  I  understand  to  be 
its  chemical  meaning  ;  I  am  now  using  it  in  its  separation  of 
constituents  ?  A.  I  have  not  made  an  analysis  of  milk  in  that  sense, 
I  have  analyzed  many  other  substances. 

Q.  Can  you  swear  that  analysis  is  not  a  surer  test  for  milk  than 


108  TESTIMONY   OF   HENRY  MORTON. 

tasting  milk  and  using  the  lactometer  and  hydrometer  or  the  senses? 
A.  As  a  test  for  butter,  caseine  and  sugar,  it  is  of  course  infinitely 
better. 

Q.  Analysis  is  infinitely  better  ?  A.  As  a  test  for  butter,  sugar 
and  caseine. 

Q.  What  else?     A.  Salts. 

Q.  Is  it  not  as  a  test  for  water  ?     A.  For  the  water  in  milk  ? 

Q.  Yes  ;  for  the  water  in  milk,  or  to  see  whether  it  has  added 
water  ?  A.  That  is  a  different  question. 

Q.  For  the  water  in  milk  is  it  not  a  better  test  ?  A.  Certainly  ; 
the  lactometer  does  not  show  the  water  in  milk  at  all. 

Q.  Is  it  not  a  better  test  for  the  adulteration  of  milk  by  added 
water  ?  A.  It  is  not. 

Q.  How  can  you  swear  that  if  you  have  never  analyzed  milk  ? 
A.  Because  my  opinion  is  not  founded  on  the  matter  of  analysis, 
but  upon  the  principles  involved  in  the  analysis. 

Q.  You  give  it  as  your  opinion,  not  as  a  matter  of  knowledge  ? 
A.  Not  as  a  matter  of  knowledge  in  that  sense. 

Q.  Professor,  you  see  two  cows  milked,,  and  each  yields  a  milk 
of  as  low  a  gravity  as  is  ordinarily  found — can  you  tell  which  milk 
owes  its  low  gravity  to  the  presence  of  water,  and  which  owes  its 
low  gravity  to  the  presence  of  cream  in  it  ?  A.  I  never  tried  it. 

Q.  Can  you  tell  ?     A.  I  cannot  tell  whether  I  could  or  not. 

Q.  "Will  you  take  these  two  bottles  and  try  ?  A.  But  those  are 
not  cows ;  I  have  not  seen  them  milked  ;  I  do  not  know  that  either 
of  those  are  milk. 

Q.  Cannot  you  distinguish  by  looking  at  them  ?  A.  No ;  not 
by  that  alone. 

Q.  Cannot  you  tell  by  testing  them  with  your  senses  ?  A.  Not 
under  all  circumstances. 

Q.  Stick  the  lactometer  in  it  and  use  the  thermometer?  A. 
Those  are  not  means  of  knowing  whether  the  fluid  is  milk  or  not — I 
should  add  to  my  answer,  under  all  circumstances. 

Q.  I  understand  you  on  the  subject  of  telling  whether  eggs  are 
eggs,  to  say  that  if  you  procure  an  egg  at  a  grocery  store,  you 
assume  it  to  be  an  egg,  but  if  you  get  it  at  Heller's  establishment, 
the  illusionist,  you  doubt  it ;  is  that  correct  ?  A.  That  was  not  my 
statement. 


TESTIMONY  OF   HENRY  MORTON.  109 

Q.  Well,  sir,  what  was  it  ?  A.  I  said  that  if  I  found  an  egg,  got 
an  egg,  at  a  grocery  store,  and  it  seemed  to  me  to  be  an  egg,  I  would 
feel  justified  in  swearing  that  it  was  one,  while,  if  I  found  it  under 
other  conditions,  though  it  should  seem  to  me  to  be  an  egg,  I  should 
not  feel  justified  in  swearing  that  it  was  one. 

Q.  Suppose  I  present  an  egg  to  you  in  Court,  and  ask  you  what 
it  is,  will  you  feel  justified  in  swearing  that  it  is  an  egg  ?  A.  I 
should  not  ? 

Q.  Do  you  apply  your  observations  respecting  eggs  to  milk  ? 
A.  Certainly,  it  is  my  intention. 

A.  Can  you  tell  from  the  egg  what  kind  of  an  egg  it  is,  good  or 
bad  ?  A.  It  depends  upon  how  bad. 

Q.  By  looking  at  milk  and  testing  it  with  the  senses  as  fully  as 
possible  and  the  lactometer  and  thermometer,  can  you  tell  by  what 
animal  it  was  produced  ?  A.  I  think  not. 

Q.  What  is  the  composition  of  milk,  Professor?  A.  It  varies 
within  certain  limits. 

Q.  What  are  the  limits,  what  are  the  ingredients,  the  proportions 
in  cow's  milk  ?  A.  The  ingredients  are  water,  fat,  caseine,  sugar  and 
some  salts,  some  soluble  and  some  insoluble  ;  the  proportions  are 
about,  if  I  give  them  from  memory,  85  or  87  per  cent,  water,  3J  of 
fat,  about  4  of  caseine,  about  4  and  over  of  sugar,  and  less  than  1  per 
cent,  of  salt. 

Q.  Is  albumen  a  constituent  of  milk  ?  A.  That  is  a  ques- 
tion. 

Q.  Is  it  or  is  it  not  ?  A.  In  some  form  it  is  included  in  the 
caseine. 

Q.  Can  you  regard  it  as  identical  with  the  caseine?  A.  The 
term  caseine  is  generally  used  to  include,  what  is  otherwise  called 
albumen. 

Q.  What  does  caseine  mean?  A.  It  means  the  cheesy  sub- 
stance. 

Q.  What  does  albumen  mean  ?  A.  It  means  the  substance  of 
which  we  have  the  type  in  the  white  of  the  egg. 

Q.  There  is  as  much  difference  between  caseine  and  albumen  as 
between  cheese  and  the  white  of  an  egg  ?  A.  Not  under  all  condi- 
tions. 

Q.  Generally?     A.  No;  I  should  not  say  so. 


110  TESTIMONY  OF  HENRY  MORTON. 

Q.  What  kind  of  salts  are  found  in  milk?  A.  Salts  of  lime,  soda ; 
I  do  not  recollect  the  list  of  them. 

Q.  Are  there  many  ?     A.  No,  those  are  the  principal  ones. 

Q.  Can  you  give  the  specific  gravity  of  the  milk  of  any  animal 
other  than  the  cow  ?  A.  There  is  no  specific  gravity  of  milk  of  any 
animal,  each  lot  of  milk  will  differ  a  little. 

Q.  The  milk  of  the  lower  animals,  say  the  mare,  the  sheep  and 
the  dog,  is  that  on  an  average  lighter  in  specific  gravity  or  heavier, 
than  cow's  milk  ?  A.  My  impression  is  that  on  an  average  there  is 
very  little  difference. 

Q.  Do  you  recollect  whether  it  is  heavier  or  lighter  ?  A.  No,  I 
never  attempt  to  remember  such  details  ;  they  are  easily  accessible 
in  books  ;  I  look  there  if  I  want  them, 

Q.  Can  you  state  in  these  various  animals  or  any  two  of  them 
liow  the  ingredients  vary  in  the  milk  ?  A.  Not  from  memory. 

Q.  You  are  not  a  resident  of  New  York,  I  believe,  Professor  ? 
A.  I  am  a  resident  of  Hoboken,  New  Jersey. 

Q.  Have  you  ever  tested  New  York  milk  or  what  you  knew  to 
be  New  York  commercial  milk  with  the  lactometer  ?  A.  I  have  not. 

Q.  Then  how  can  you  testify  as  you  did  on  your  direct  examina- 
tion, that  if  the  commercial  milk  for  sale  in  New  York  City  is  at  90, 
at  60  Fahr.,  it  is  adulterated  with  water,  if  you  have  no  acquaintance 
with  New  York  milk  ?  A.  Simply  because  commercial  milk,  whether 
in  New  York  or  in  Philadelphia  or  anywhere  else,  I  fully  believe  is 
essentially  the  same  thing. 

By  the  COURT — Q.  By  commercial  milk  you  do  not  mean  milk  of 
cocoanuts  or  the  milk  of  mares,  but  milk  of  cows  ?  A.  Yes,  sir. 

By  COUNSEL — Q.  I  understand  you  to  say  that  butter  is  not 
strictly  a  nutritious  portion  of  milk,  is  that  correct  ?  A.  That  is 
my  belief. 

Q.  Why  is  it  there — is  it  placed  there  for  ornament  ? 

(Objected  to  ;  objection  sustained ;  exception.) 

Q.  Are  you  not  aware  that  the  introduction  of  milk  into  New 
York  city  from  which  the  butter  has  been  removed  is  forbidden  by 
an  ordinance  of  the  Board  of  Health  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  You  mentioned  frozen  milk  in  your  direct  testimony  ;  have 
you  ever  tested  that  ?  A.  I  have. 


TESTIMONY  OF  HENKY  MORTON.  Ill 

Q.  How  ?     A.  With  the  lactometer. 

Q.  At  what  degree  ?  A.  At  60. 

Q.  Frozen  milk  at  a  temperature  of  60  Fahr. — at  what  degree 
does  milk  freeze  ?  A.  Excuse  me  ;  I  answered  hastily  ;  I  desire  to 
explain  ;  I  of  course  melted  the  milk  before  testing  it,  my  object 
being  to  find  what  effect  freezing  had  upon  the  density  of  the  milk  ; 
I  did  not  pay  sufficient  attention  to  your  question  ;  the  question 
was  asked,  but  I  did  not  answer  it. 

Q.  You  said  something  about  frozen  milk  ?  A.  The  question 
was  asked  me,  but  I  did  not  answer  it. 

Q.  By  what  lactometer  did  you  test  milk  ?     A.  Chiefly  by  two. 

Q.  Where  did  you  get  those  ?  A.  One  I  obtained  from  the 
Board  of  Health  and  the  other  was  purchased  by  myself  from  Mr. 
Tagliabue  in  Pearl  street. 

Q.  Did  you  compare  the  two?  A.  Only  at  one  or  two  de- 
grees. 

Q.  Was  there  any  variance  between  them  ?  A.  There  was  a 
little  variance. 

Q.  How  much  ?     A.  I  think  a  degree  or  two. 

Q.  Is  there  not  a  more  accurate  method  of  determining  the  pur- 
ity of  milk  by  its  specific  gravity  in  regard  to  adulteration  by  water 
than  that  adopted  by  the  Board  of  Health  ?  A.  I  think  not,  for 
this  reason  ;  allow  me  to  explain  my  reason  ;  by  rendering  an  instru- 
ment more  delicate  or  accurate  nothing  would  be  gained  in  practice 
since  we  must  allow  a  large  margin  on  account  of  the  variations 
in  the  density  of  ordinary  milk. 

Q.  I  refer  to  the  use  of  an  ordinary  instrument  as  shown  on 
this  trial  to  be  used  by  the  officers  of  the  Board  of  Health,  and  I 
repeat  the  question  with  that  addition  ?  A.  I  think  not. 

Q.  Will  you  swear  to  that  positively  ?  A.  I  will  swear  to  my 
belief. 

Q.  Will  you  swear  to  more  than  a  belief  in  the  truth  or  correct- 
ness of  that  answer  ?  A.  I  will  swear  that  it  is  true. 

Q.  Then  you  know  of  no  other  method  which  is  better  ?  A. 
Which  is  more  accurate  for  this  purpose  ? 

Q.  Yes,  sir?     A.  No. 

Q.  Do  you  know  of  any  other  that  is  better  for  any  purpose  ?  A. 
Analysis  is  better  for  the  determining  of  caseine. 


112  TESTIMONY   OF   HENKY   MOKTON. 

Q.  For  the  determination  of  adulteration  of  milk  by  water,  to  de- 
termine its  specific  gravity  with  the  lactometer,  do  you  know  of 
any  better  method  than  that  employed  by  the  Board  of  Health  as 
shown  on  this  trial  ?  A.  None. 

Q.  Suppose  brackish  water  be  added  to  milk,  will  that  vary  its 
gravity  ?  A.  It  will. 

Q.  How  ?     A.  Increase  it. 

Q.  Will  all  brackish  water  do  that?     A.  No. 

Q.  How  is  that,  Doctor  ?  A.  If  the  brackish  water  contains  very 
little  salt  it  will  make  the  milk  lighter  ;  in  other  words  if  the  brack- 
ish water  is  lighter  than  the  milk  itself  it  will  make  the  milk 
lighter ;  if  the  brackish  water  is  heavier  it  will  make  the  milk 
heavier. 

Q.  Is  there  not  a  great  deal  of  brackish  water,  which  when  add- 
ed to  milk  will  make  it  heavier  and  make  it  stand  higher  by  the 
lactometer  ?  A.  I  think  not,  unless  it  was  so  brackish  as  to  impart 
a  very  strong  taste  to  the  milk. 

Q.  Is  there  not  a  great  deal  of  brackish  water  up  the  Hudson 
river  where  the  tide  water  ends  and  fresh  water  begins  ;  where  a 
great  deal  of  milk  sent  to  New  York  comes  from?  A.  About 
Newburgh  ? 

Q.  Somewhere  about  there  ?  A.  The  river  is  full  of  brackish 
water. 

Q.  Is  not  brackish  water  there  which  will  not  lower  the  gravity 
of  milk  ?  A.  I  cannot  say. 

Q.  Assuming  that  brackish  water  be  added  to  the  milk  with  the 
effect  of  making  it  heavier,  will  the  lactometer  tell  that  adultera- 
tion ?  A.  It  will  not 

Q.  Then  there  is  an  adulteration  by  brackish  water  which  the 
lactometer  will  not  detect?  A.  Not  the  lactometer  alone. 

Q.  The  lactometer  and  all  the  usual  tests  ?  A.  The  taste  will 
detect  it. 

Q.  Will  analysis  detect  that  addition  ? 

(Objected  to  as  irrelevant ;  objection  sustained.) 

Q.  Will  analysis  determine  the  condition  of  brackish  water  ? 
A.  It  will. 

By  Mr.  PRENTICE — Doctor,  when  you  speak  of  the  hvdrometer 
used  for  the  purpose  of  milk  as  being  less  accurate,  or  when  you 


TESTIMONY  OF  BENJAMIN  SILLIMAN.  113 

refer  to  the  accuracy  of  the  hydrometer  as  used  in  various  liquids, 
do  you  use  the  term  accurate  as  referring  to  a  degree  of  accuracy, 
or  as  to  the  determination  of  the  fact  itself  of  density — in  other 
words,  if  the  question  is  whether  or  not  a  fact  exists,  will  the  word 
accurate  give  your  opinion  correctly  ? 

(Objected  to  ;  objection  sustained.) 

Q..  You  say  you  tested  the  lactometer  used  by  the  Board  of 
Health  ?  A.  I  used  it,  not  tested  it. 

BENJAMIN  SILLIMAN,  sworn  and  examined  by  Mr.  PBENTICE,  testified 
as  follows  : 

Q.  You  are  a  chemist  by  profession  ?     A.  I  am. 

Q.  You  have  also  taken  a  degree  of  doctor  ?  A.  I  hold  the  de- 
gree of  doctor,  but  I  am  not  a  practising  physician. 

Q.  How  long  have  you  been  in  the  profession  of  chemistry, 
and  what  has  been  your  experience  ?  A..  I  have  been  in  the 
profession  of  chemistry  since  1837,  at  which  time  I  became  an 
assistant  in  the  department  of  chemistry  under  my  father  at  Yale 
College,  where  I  remained  until  1847,  when  I  became  professor  of 
chemistry  applied  to  the  arts  in  the  scientific  school  at  Yale  Col- 
lege ;  I  then  held  that  chair  until  1849,  when  I  added  to  it  the 
appointment  of  professor  of  medical  chemistry  and  toxicology  in 
the  university  of  Louisville,  Kentucky  ;  I  held  the  two  chairs 
parallel  until  1855,  when  I  resigned  the  Kentucky  appointment, 
returning  permanently  to  New  Haven,  where  I  have  since,  until  the 
present  time,  resided  as  professor  of  chemistry  in  Yale  College,  and 
at  present  specially  connected  with  the  medical  department  of  that 
institution. 

Q.  You  are  one  of  the  editors  of  the  scientific  journal  known  as 
Sillimans  Journal  ?  A.  I  am. 

Q.  And  you  are  acquainted  with  the  milk  question,  so  called ;  the 
literature  upon  it  and  the  general  subject  ?  A.  I  am. 

Q.  You  are  acquainted  with  this  class  of  instruments  called 
hydrometers  and  the  lactometer  ?  A.  Yes,  sir. 

Q.  Which  is  used  in  testing  specific  gravity  in  milk  ?  A.  Yes, 
sir. 

Q.  Is  milk  a  defined  chemical  compound  ?  A.  It  is  not ;  milk 
8 


TESTIMONY  OF  BENJAMIN   SILLIMAN. 

is  an  emulsion ;  it  is  substantially  water  to  the  amount  of  85  to  87 
per  cent.,  more  or  less,  and  the  remainder  is  made  up  in  part  of 
substances  soluble  in  water,  and  in  part  of  substances  insoluble  in 
water  ;  all  those  substances  insoluble  in  water  are  embraced  chiefly 
under  the  name  of  fat,  and  are  held  in  suspension  in  the  fluid. 

Q.  Is  chemical  analysis  alone  capable,  with  entire  certainty,  of 
determining  if  a  given  sample  of  milk  has  been  treated  with  water  ? 
A.  Science  has  not  taught  us  to  distinguish  with  certainty  between 
the  water  that  is  natural  to  milk,  and  within  certain  degrees  the 
amount  of  water  which  may  have  been  accidentally  or  fraudulently 
added  to  it;  we  have  no  precise  means  of  determining  which  is 
natural  and  which  is  added  water  within  limits. 

Q.  Tell  me  what  do  you  understand  by  commercial  milk  ?  A.  I 
understand  by  commercial  milk  that  average  product  that  is  sold  in 
commerce,  and  which  represents  not  the  milk  of  one  cow  but  the 
milk  of  many  cows. 

Q.  Is  there  such  a  thing  as  normal  or  standard  milk  ?  A.  In  the 
scientific  sense,  no ;  you  might  as  well  ask  if  there  were  normal 
wine ;  there  is  normal  alcohol,  but  because  wine  contains  alcohol 
we  cannot  speak  of  normal  wine  nor  normal  roast  beef ;  there  is 
good  milk  and  bad  milk,  good  wine  and  bad  wine,  strong  wine  and 
weak  wine,  good  beef  and  bad  beef,  but  there  is  not  a  normal  stand- 
ard in  these  things  ;  normal  alcohol  we  have. 

Q.  Is  there  a  minimum  and  maximum  standard  of  specific  gravity 
of  milk  ?  A.  I  conceive  there  is — that  a  minimum  and  maximum 
must  be  established  as  the  result  of  a  pretty  large  range  of  observa- 
tion. 

Q.  What  is  the  average  between  those  two  ?  A.  According  to 
the  best  of  my  memory  I  should  say  a  fair  statement  of  the  general 
average,  throwing  out  extremes  as  exceptional,  would  be  from  27  to 
28  thousandths  as  the  minimum,  to  33  or  34  thousandths  as  the 
maximum,  that  is  to  say  1.027  or  1.028  for  the  minimum,  and  1.033 
or  1.034  for  the  maximum ;  I  can  give  you  the  corresponding 
degrees  of  the  scale  upon  the  New  York  Board  of  Health  hydrometer 
or  lactometer  if  you  desire  it,  I  believe. 

Q.  What  will  you  say  of  the  standard  of  1.029  as  a  safe  and  reli- 
able standard  for  commercial  milk  ?  A.  I  should  say  that,  as  far 
as  my  reading  and  knowledge  go,  it  was  a  standard  in  favor  of  the 


TESTIMONY   OF  BENJAMIN   SILLIMAN.  115 

milkmen ;  that  it  is  lower  than  the  accepted  standard  of  France, 
which  is  1.030,  and  that  in  some  sense,  and  perhaps  in  a  general  and 
best  sense,  it  may  be  considered  a  safe  standard. 

Q.  Is  the  hydrometer  an  accurate  instrument  for  determining 
the  specific  gravity  of  liquids?  A.  It  is,  if  properly  made  and 
used. 

Q.  Is  there  any  more  accurate  method  of  determining  the  spe- 
cific gravity  of  liquids  than  by  the  use  of  such  an  instrument? 
A.  No,  it  is  a  preferred  method  for  liquids  lighter  than  water,  and 
for  many  that  are  denser  than  water,  both  for  the  rapidity  and  the 
accuracy  with  which  it  may  be  used.  It  is  an  instrument  of  in- 
comparable practical  importance,  alike  in  the  arts  and  in  the 
sciences. 

Q.  What  is  the  best  opinion,  according  to  the  best  authorities, 
with  regard  to  the  use  of  the  lactometer  for  detecting  the  watering 
of  milk  ? 

(Objected  to  ;  objection  overruled  ;  exception.) 

A.  As  I  understand  the  best  knowledge  on  that  subject,  it  is 
that,  within  certain  limits,  the  lactometer  is  very  generally  if  not 
universally  accepted  as  a  means  of  determining  the  watering  of 
milk.  This,  I  believe,  will  be  found  to  be  true  by  examining  the 
writings  of  Bouchardat,  Quevenne,  Von  Baumhauer,  and  all  the  other 
authorities  that  are  considered,  both  abroad  and  at  home,  as  the 
best  representatives.  I  would  qualify  that  answer,  if  you  please,  by 
one  remark.  It  is  not  intended  to  apply  to  extreme  cases,  nor  even 
to  an  individual  case.  You  may  have  the  milk  of  a  cow  that  in  an 
exceptional  condition  may  contain  an  enormous  and  unusual  quan- 
tity of  cream,  and  the  hydrometer  would  fail  utterly.  With  that 
qualification,  I  think  the  answer  is  correct. 

Q.  I  will  limit  it  to  the  use  of  the  lactometer  for  detecting  the 
watering  of  commercial  milk  ?  A.  I  consider  it  a  suitable  and  an 
accurate  instrument  for  that  purpose.  My  answer  is  affirmative. 

Q.  I  will  ask  you,  if  you  should  find  a  sample  of  commercial  milk 
which,  at  a  temperature  of  60  Fahrenheit,  should  show  a  degree 
of  90  on  the  lactometer,  what  would  that  determine  ?  A.  It  would 
at  once  excite  the  suspicion  that  the  milk  had  been  falsified  with 
water,  if  I  understand  your  question,  that  it  should  read  at  90  on 
the  lactometer? 


116  TESTIMONY  OF  BENJAMIN   SILLIMAN. 

Q.  Yes  sir.  A.  It  would  at  once  excite  suspicion  that  it  had 
been  falsified  with  water,  but  it  would  not  be,  without  observation, 
sufficient  evidence  that  it  had  been  watered. 

Q.  You  do  not  mean  to  say  it  would  be  no  evidence  ?  A.  Oh, 
no  ;  it  would  not  be  conclusive  evidence. 

Q.  Suppose  a  sample  of  milk,  commercial  milk,  which  to  the  eye 
as  it  appears  in  the  glass  and  upon  the  lactometer  is  tested,  and 
and  also  by  the  taste,  and  on  the  lactometer  shows  at  60  Fahrenheit 
a  degree  of  90,  these  observations  occurring,  what  would  it  deter- 
mine ?  A.  Almost  absolutely  convincing  the  mind  of  the  observer 
that  it  had  been  tampered  with  by  the  addition  of  water. 

Q.  Is  there  any  more  accurate  method  of  determining  ?  A.  "Well, 
practically  no. 

Cr  oss-examined  by  Mr.  LA  WHENCE  : 

Q.  Professor  Silliman,  have  you  personally  tested  milk  with  the 
hydrometer  ?  A.  Do  you  ask  that  question  of  the  hydrometer  in 
general,  or  the  Board  of  Health  instrument  ? 

Q.  The  modification  of  the  hydrometer  which  is  called  the  lacto- 
meter. A.  I  have. 

Q.  Very  often  ?     A.  Very  often. 

Q.  How  many  times  ?  A.  I  cannot  say  how  many  times ;  every 
year  during  the  last  forty  years. 

Q.  Have  you  ever  used  the  lactometer  of  the  Board  of  Health  of 
New  York  ?  A.  I  have  not. 

Q.  Do  you  know  whether  its  mechanical  construction  is  correct  ? 
A.  I  conceive  from  the  examination  that  I  have  made  of  the  instru- 
ment that  it  is  very  skilfully  constructed  for  its  purpose,  inasmuch 
as  the  stem  is  very  small  in  proportion  to  the  bulb. 

Q.  Did  you  not  assist  the  other  day  in  court  at  the  reading  by 
four  lactometers  which  were  alike  in  bulb  and  stem  ?  A.  I  did. 

Q.  They  differed  I  believe?     A.  Slightly. 

Q.  Can  you  point  out  any  mechanical  defects  about  the  Board  of 
Health's  lactometer  ?  A.  I  do  not  know  that  I  exactly  understand 
the  purport  of  your  question. 

Q.  "Will  you  take  that  instrument  and  see  whether  you  can  dis- 
cover any  mechanical  defects  in  its  construction  ?  A.  Judging 
merely  from  the  external  form,  the  appearance  of  the  instrument 


TESTIMONY  OF  BENJAMIN  SILLIMAN.  117 

and  the  proportion  of  its  parts,  without  any  knowledge  of  the  special 
value  of  this  particular  sample  of  it,  I  should  say  it  was  a  very  well 
devised  form  of  hydrometer  as  applied  to  the  measurement  of  milk — 
lactometer — and  for  the  reason  that  I  specify,  that  the  stem  is  very 
slender  and  the  bulb  very  large. 

Q.  Will  you  give  the  reason  as  plainly  as  you  can  to  the  jury, 
why  the  hydrometer  is  not  as  perfect  and  accurate  a  test  for  milk 
as  it  is  for  other  fluids  ? 

(Objected  to.) 

Q.  Is  the  hydrometer  as  accurate  a  test  for  milk  as  it  is  for  other 
fluids,  the  specific  gravity  ?  A.  If  I  understand  the  question  of  the 
learned  counsel,  it  is  a  question  as  to  whether  the  instrument  is 
capable,  in  dense  fluids,  of  rendering  as  exact  answers  as  in  thin 
fluids  ? 

Q.  No,  sir ;  it  is  a  question  of  whether  the  hydrometer  for 
instance  is  as  exact  an  instrument  to  test  milk  with  as  it  is  to  test 
alcohol  ? 

Q.  Is  cream  lighter  than  milk  ?     A.  It  is. 

Q.  Is  water  also  lighter  than  milk  ?     A.  It  is. 

Q.  Does  alcohol  contain  any  impurity  lighter  than  itself  ?  A.  It 
ought  not  to. 

Q.  Pure  alcohol  I  refer  to ;  is  there  not  therefore  a  distinction 
between  the  results  of  tests  made  of  milk  by  the  hydrometer  and 
tests  of  alcohol  ?  A.  By  the  specific  gravity  test  you  may  determine 
density  ? 

Q.  Yes,  sir?  A.  I  conceive  in  no  other  sense  than  this,  that  if 
the  milk  be  carefully  averaged  so  that  the  cream  and  the  skimmed 
milk  be  perfectly  homogeneous,  so  to  speak,  in  the  mass,  that  there 
is  no  serious  error  in  the  hydrometer  as  applied  to  the  testing  of  the 
density  of  milk  more  than  applies  to  the  use  of  the  same  instrument  in 
the  testing  of  the  density  of  oil  or  of  any  other  substance  that  is  more 
or  less  viscous  or  tenacious,  which  is  to  be  understood,  if  I  may  be 
allowed  to  make  the  explanation,  as  involved  in  the  care  which  is 
used  by  those  who  have  experience  in  the  use  of  this  instrument  in 
plunging  it  into  the  fluid  that  it  be  not  wetted  on  any  portion  of  the 
stem  above  the  point  at  which  it  is  expected  to  sink,  inasmuch  as 
in  that  case  if  it  be  so  smeared  or  moistened  by  a  dense  liquid  the 
whole  instrument  becomes  denser  by  that  quantity  and  will  sink 


118  TESTIMONY   OF   BENJAMIN   SILLIMAN. 

deeper  in  the  fluid  and  consequently  involve  an  error ;  if  you  will 
have  the  kindness  to  refer  to  the  book  which  is  already  in  evidence 
before  the  court  of  yesterday,  Bouchardat,  you  will  find  in  it  speci- 
fic instructions  given  in  the  prefatory  portion  of  that  volume  that 
the  most  careful  consideration  and  precaution  should  be  used  in 
introducing  the  instrument  into  the  milk  to  avoid  the  moistening  of 
the  stem  above  the  portion  of  the  stem  where  it  is  expected  to  sink, 
and  with  that  explanation  I  say  I  see  no  difference  between  the  use 
of  the  hydrometer  applied  to  milk  or  the  hydrometer  as  applied  to 
oily  materials  or  any  other  fluid. 

Q.  Is  any  difficulty  presented  in  examining  milk  by  the  hydro- 
meter more  than  in  the  examination  of  other  bodies  ?  A.  I  think 
not. 

Q.  In  case  a  sample  of  milk  stands  when  properly  tested  by  an 
accurate  lactometer  at  95  degrees,  may  not  that  be  caused  either  by 
the  presence  of  too  much  water  or  too  much  cream  ?  A.  It  may. 

Q.  How  can  you  tell  the  change  by  the  lactometer  ?  A.  By  the 
consistency  of  the  milk  that  is  caused  by  water  ;  the  milk  will  not 
fail  to  distinguish  itself  at  once  by  the  familiar  character  of  diluted 
or  skimmed  milk ;  it  will  be  changed  in  color ;  it  will  be  changed  in 
consistency  ;  if  the  milk  is  so  exceptionally  rich  in  cream  that  it  will 
stand  at  90  or  95  degrees  of  the  hydrometer  the  least  skilled  ob- 
server will  not  fail  to  distinguish  at  once  the  fact  that  the  milk 
is  very  greatly  richer  than  average  commercial  milk. 

Q.  Do  you  assert  that  by  looking  at  the  milk  and  exercising  the 
evidence  of  your  senses  towards  it  you  can  tell  whether  its  low 
gravity  is  caused  by  the  presence  of  cream  or  by  the  presence  of 
water  ?  A.  I  think  so. 

Q.  Are  you  certain  of  that  ?     A.  [Reasonably  certain. 

Q.  Are  you  quite  certain  ;  I  do  not  know  what  reasonably  certain 
means  ?  A.  I  should  be  willing  to  hazard  my  opinion  upon  it  that 
it  was  so. 

Q.  Would  you  be  willing  to  hazard  anything  more  than  an 
opinion  on  that  ?  A.  I  would  ;  I  would  hazard  my  money  on 
it. 

Q.  I  suppose  your  opinion  is  worth  more  than  your  money?  A. 
No  doubt,  I  should  prefer  to  buy  some  milk  of  that  sort  for  my 
coffee. 


TESTIMONY  OF  BENJAMIN  SILLIMAN.  119 

Q.  Now,  sir,  in  case  you  saw  two  cows  milked  and  the  milk  of 
each  stood  at  as  low  a  degree  of  gravity  as  it  is  generally  found  at, 
could  you  say,  by  applying  the  evidence  of  your  senses  to  that  milk, 
and  testing  it  properly  with  the  lactometer,  whether  the  low  gravity 
of  either  of  the  two  milks  was  caused  by  the  presence  of  cream  or 
the  presence  of  water?  A.  I  did  not  understand  the  degree  of 
density  which  you  affixed  to  it. 

(Question  repeated.) 

A.  I  do  not  see  the  point  of  that  question;  if  you  will  be  kind 
enough  to  state  a  density  for  either  or  both  the  supposititious  cases, 
I,  perhaps,  can  better  understand  it. 

Q.  Suppose  you  saw  two  cows  milked,  and  the  milk  from  each  cow 
when  properly  tested  with  the  lactometer,  stood  at  the  degree  of  98, 
might  not  that  degree  as  to  one  milk  be  caused  by  the  presence  of 
water,  and  might  not  the  same  low  degree  as  to  the  other  milk  be 
caused  by  the  presence  of  cream,  would  you,  by  the  aid  of  the  lac- 
tometer and  thermometer  and  your  senses  be  unable  to  state  as  to 
which  milk  the  low  gravity  was  caused  by  cream,  and  as  to  which 
by  water?  A.  I  do  not  think,  within  the  limits  set  by  the  learned 
CDunsel  of  this  supposititious  case,  namely,  two  degrees  of  the  lac- 
tometer of  the  Board  of  Health,  if  I  understand  it,  that  I  could 
draw  any  certain  inference  whatever ;  allow  me  to  say  that  each  of 
those  degrees  upon  the  Board  of  Health  lactometer  is  the  equiva- 
lent upon  a  scale  of  thousands  of  only  a  small  fraction ;  the  whole 
scale  of  1.029  is  divided  into  100,  and  consequently  3.47  degrees  of 
the  Board  of  Health  lactometer  is  equivalent  of  one  division  on  the 
scale  of  thousands,  and  the  reading  of  the  lacto-densimeter  is  not 
graduated  to  read  a  less  quantity  than  1.00;  we  are  speaking  of  the 
measurement  of  the  density  by  the  thermometer  in  conjunction  with 
other  things  ;  I  should  be  very  happy  to  hear  any  further  explana- 
tion. 

Q.  Now,  sir,  in  case  two  samples  known  to  you  to  be  pure,  seen 
by  you  taken  from  the  cow,  each  sample  coming  from  a  different 
cow,  and  when  tested  at  a  low  lactometrical  degree,  take  any  degree 
you  like  within  90  and  100,  say  each  milk  standing  at  the  same 
degree,  can  you  tell  as  to  one  sample  whether  that  gravity  is  caused 
by  the  presence  of  cream  or  of  water,  and  can  you  tell  the  same  as  to 
the  other?  A.  When  we  con-iJbr  the  case  of  individual  cows,  we 


120  TESTIMONY   OF   BENJAMIN   SILLIMAN. 

are  upon  a  very  different  ground  of  argument,  understand,  from  what 
we  are  when  speaking  of  average  commercial  milk  ;  I  can  point  you  to 
scores  of  samples  of  the  milk  of  individual  cows,  which  will  fall  low 
in  density,  but  the  average  milk  of  cows  does  not  vary  if  they  are  in 
health  ;  if  you  take  twenty  cows,  twelve  cows,  forty  cows,  it  does  not 
vary  substantially  from  1.030  ;  that  science  has  perfectly  determined, 
unless  you  select  a  dozen  of  cows  of  very  exceptional  quality,  but  if 
you  do  the  average  of  any  herd  under  exceptional  conditions  of 
temperature  or  health  there  may  be  variations. 

Q.  Ought  the  gravity  of  the  milk  of  cows  to  vary  much  at  in- 
tervals of  10  days  ?  A.  It  would  depend  on  their  food  and  the 
condition  of  their  health  ;  it  may  vary  very  much  within  that 
limit  of  time. 

Q.  Now,  you  say  that  among  the  herd  of  a  dozen  of  cows  the 
gravity  of  their  milk  ought  to  be  nearly  the  same,  and  ought  not  to 
vary  much  ?  A.  The  average  gravity,  yes,  sir  ;  I  mean  that  it 
ought  not  to  vary  much  from  1.030. 

Q.  I  now  read  you  the  figures  from  the  report  signed  by  Doctor 
O'Connor,  made  to  the  Board  of  Health,  the  figures  showing  the 
gravity  of  milks  from  a  herd  of  thirteen  cows,  and  I  ask  you  whether 
that  is  an  unusual  variance  ;  the  figures  are  as  follows —  A.  The 
temperature  is  presumed  to  be  at  60  ? 

Q.  I  suppose  so  ;  the  figures  are  101,  108,  116,  118,  113,  103, 
102,  122,  106,  112,  105,  102,  and  114  ;  now,  sir,  assuming  those 
to  have  been  properly  made  at  a  standard  temperature  Fahrenheit, 
is  that  an  unusual  variation  in  a  herd  of  thirteen  cows  ;  I  ask  you 
to  assume  that  the  test  was  properly  made  at  the  proper  temper- 
ature. A.  I  should  say  that  all  those  cows  that  were  reported 
there  were  under  abnormal  conditions  of  health  or  food. 

Q.  I  am  forced  to  come  back  to  my  previous  question,  Professor 
Silliman  ;  I  want  to  make  it  plain  if  I  can  ;  I  am  not  talking 
about  commercial  milk,  but  to  the  kind  of  milk  I  referred  to,  pure 
milk  from  two  cows  ;  if  you  see  two  cows  milked,  see  their  milk 
properly  tested  with  the  lactometer,  and  at  the  proper  temperature, 
the  milk  from  each  cow  stands  at  95,  may  not  the  low  gravity  of 
one  milk  be  caused  by  the  presence  of  water,  and  may  not  the  grav- 
ity of  the  other  milk  be  caused  by  the  presence  of  cream  in  it  ? 
A.  I  have  no  knowledge  of  any  samples 


TESTIMONY   OF  BENJAMIN   SILLIMAN.  121 

Q.  I  am  putting  a  supposititious  case  to  you  ?  A.  I  must 
answer  from  my  knowledge  ;  I  have  no  recollection  of  any  sample 
among  all  the  thousands  of  the  densities  of  milk  that  I  have  ex- 
amined of  the  case  of  a  cow  in  normal  condition  of  health  which 
gave  a  milk  of  a  less  density  than  100  degrees  where  that  density 
was  due  to  anything  else  than  the  presence  of  excessive  cream  ;  I 
have  no  knowledge  of  samples  where  milk  is  of  low  density  from 
excessive  cream. 

Q.  How  many  cows  have  you  seen  milked  ?  A.  I  have  kept 
cows  all  my  life  and  milked  them  ;  I  don't  know  how  many. 

Q.  How  many  cows  have  you  seen  milked,  and  tested  the  milk  ? 
A.  I  cannot  answer  that  question  ;  I  am  not  a  milkman  or  a  dairy- 
man ;  it  is  not  my  business  to  inspect  herds. 

Q.  Have  you  seen  one  cow  milked  and  tested  the  milk  ?  A.  I 
have. 

Q.  Have  you  seen  100  ?     A.  I  have  not. 

Q.  Have  you  seen  20  ?  A.  I  have  examined  my  own  cows  re- 
peatedly, but  not  further  than  that. 

Q.  What  breed  are  your  cows  ?  A.  Alderneys,  Ayrshires  and 
other  breeds  at  different  times. 

Q.  Well,  do  they  render  milk  of  a  lower  or  a  higher  specific 
gravity  than  ordinary  cattle  ?  A.  They  are  all  stall-fed  and  give 
milk  above  the  average  gravity. 

Q.  Then  they  are  not  pasture-fed  cattle  ?  A.  During  summer 
they  are. 

Q.  When  you  tested  their  milk  which  you  saw  milked  were  they 
pasture-fed  or  stall-fed  ?  A.  I  should  think  both  at  different  sea- 
sons of  the  year. 

Q.  When  were  they  high  or  when  low  ?  A.  Always  higher  when 
stall-fed  in  the  winter. 

Q.  To  what  extent  have  you  known  the  presence  of  cream  in 
milk  to  diminish  its  gravity  below  the  highest  specific  gravity  that 
you  found  ?  A.  Does  your  question  refer  to  my  knowledge  of  the 
general  subject,  or  of  experimental  ? 

Q.  Experimental  matters  made  by  yourself? 

(Question  repeated.) 

A.  It  is  not  in  my  power  to  answer  that  question  with  accuracy. 

Q.  Have  you  known  the  presence  of  cream  to  largely  decrease  the 


122  TESTIMONY   OF   BENJAMIN   SILLIMAN. 

gravity  of  milk  ?  A.  I  have  in  my  memory  instances  recorded  of 
that  fact. 

Q.  In  your  own  knowledge  ?  A.  No,  not  of  my  own  experimen- 
tal knowledge. 

Q.  How  much  of  your  testimony  on  your  direct  examination  was 
based  upon  your  personal  knowledge  ;  was  it  all  ?  A.  The  testimony 
upon  my  direct  examination  was  based  upon  my  general  knowledge. 

Q.  Was  there  more  than  a  small  portion  of  your  testimony 
upon  your  direct  examination  based  upon  your  personal  knowledge  ? 

The  COUBT — I  will  exclude  the  question. 

COUNSEL — I  except  to  its  exclusion. 

Q.  "Was  there  one-half  of  your  direct  evidence  based  upon  your 
personal  knowledge  ? 

The  COURT— That  I  will  exclude. 

Q.  You  mentioned  certain  authorities,  Quevenne,  Bouchardat, 
and  Yon  Baumhauer,  will  you  state  or  point  out  which  one  of  those 
recommends  the  use  of  the  lactometer  as  the  best  test  for  milk  ? 
A.  I  made  no  statement  of  that  kind. 

Q.  What  did  you  say  about  them  ?  A.  The  stenographer's  re- 
cord of  my  answer  will  state. 

Q.  Professor  Silliman,  I  hand  you  a  copy  of  a  book,  Du  Lait,  by 
Quevenne  and  ask  you  to  point  out  the  portions  to  which  you  refer. 
Have  you  consulted  Quevenne's  book?  A.  I  have  consulted  it. 

Q.  Will  you  point  out  the  passages  you  referred  to  in  your  direct 
examination  ;  you  stated  that  book  to  be  by  Bouchardat  ?  A.  I 
said  that  the  book  was  by  Bouchardat  and  Quevenne,  which  state- 
ment is  true  in  general ;  the  introductory  part  was  originally  by 
Quevenne  alone  ;  they  jointly  edited  the  book  ;  it  is  dated  Paris, 
1857.  May  it  please  the  Court,  the  introductory  portion  of  this 
book  which  describes  the  lacto-densimeter  occupies  thirty-two 
pages  altogether  ;  I  will  therefore  briefly  state  the  points  and  read 
but  one  or  two  extracts,  translating  from  the  French.  After  giving 
the  general  instructions  upon  page  2  for  the  guidance  of  those  who 
would  make  observations  upon  milk,  the  author  says  :  "  The  differ- 
ent instruments  therefore  employed  for  the  weighing  of  milk  only 
sufficiently  fulfil  their  end."  Quevenne  has  attempted  to  establish  the 
lacto-densimeter  with  the  table  of  corrections  with  which  he  accom- 
panies it ;  he  states  that  the  commission  with  whom  he  was  associ- 


TESTIMONY   OF  BENJAMIN   SILLIMAN.  123 

ated  in  this  matter  was  Soubeiran,  Kayer,  Gueneau  De  Mussy, 
Bouchardat,  and  Orfila,  who  was  the  reporter  ;  the  employment  of 
the  creamometer  or  graduated  etrouvette,  which  was  an  instrument 
necessary  for  the  lacto-densimeter  in  order  to  determine  the  cream  ; 
he  then  goes  on  to  give  more  minute  observations  with  regard  to  the 
methods  of  examination,  and  adds  as  follows  :  "We  only  occupy 
ourselves  here  by  considering  things  practically  essential  alike  for 
the  security  of  the  vender,  and  also  in  efforts  which  shall  be  suffi- 
ciently expeditious  ;  we  do  not  speak  of  those  methods  the  manipu- 
lations of  which  are  more  or  less  complicated,  which  belong  necessa- 
rily to  the  domain  of  the  laboratory,  the  shortest  of  which  demands 
generally  from  fifteen  to  thirty  minutes."  He  then  goes  on  to  describe 
particularly  the  method  of  construction  of  the  lactometer  or  lacto- 
densimeter  upon  pages  4  and  5,  and  there  is  the  original  figure 
which  has  been  copied  into  so  many  books ;  if  you  so  desire  it  I 
will  translate  more  of  this  description,  but  it  w^ould  occupy  some 
time  ;  there  are  points  which  I  have  not  yet  spoken  of. 

Q.  I  desire  you  to  translate  such  portions  as  you  deem  necessary 
to  show  that  Quevenne  advocates  the  use  of  the  lactometer  as  it  is 
used  by  the  Board  of  Health,  I  mean  in  the  same  manner  ;  the  quo- 
tations which  show  that  that  book  supports  the  lactometer  alone, 
and  not  the  lactometer  and  the  hydrometer.  A.  He  goes  on  to  show 
how  to  apply  a  table  for  the  corrections  of  temperature  where  the 
instrument  is  used  at  another  than  a  standard  of  temperature  fifteen 
degrees  centigrade.  Upon  page  11  the  author  says  the  degree 
which  the  lacto-densimeter  should  mark  in  the  milk,  Quevenne  has 
found  that  upon  thirty-two  specimens  of  milk  collected  under  very 
varying  conditions,  the  mean  degree  by  the  lacto-densimeter  was 
30.8,  that  two  milks  which  were  found  to  weigh  27.5,  and  another 
the  higher  figure  of  36,  the  minimum  was  29  and  the  maximum  345. 
Since  this  time  we  have  had  occasion  to  continue  the  examination 
of  other  milks  taken  under  circumstances  equally  varied  for  place, 
for  season,  for  food,  for  the  kind  of  life,  whether  in  the  open  air  or  in 
the  stable,  for  the  age  of  the  animal  and  that  milk,  etc.  ;  by  way  of 
explaining  that  last  statement  it  would  be  proper  to  add,  that  on  the 
previous  page  the  author  calls  attention  to  the  fact  that  there  is  a 
variation  in  the  density  of  milk  from  the  moment  when  it  is  drawn 
or  just  after  it  is  drawn,  and  after  it  has  stood  six  hours  ;  it  is  not 


124  TESTIMONY   OF   BENJAMIN   SILLIMAN. 

necessary  to  go  into  that  detail  unless  the  counsel  desires  it.  Says 
Quevenne,  "  We  place  under  our  eyes  a  table  covering  a  period  of 
eleven  years,  1843  to  1854,  upon  which  are  recorded  the  degrees  by 
the  lacto-densimeter  and  the  lactoscope  of  103  milks  of  the 
purity  of  which  I  am  sure,  they  having  been  drawn  from  the  cow 
before  my  own  eyes,"  or  words  to  that  effect ;  see  the  results  ;  mini- 
mum, 28.8  ;  maximum,  36.4;  mean,  32.2.  .Now,  sir,  without  occupy- 
ing more  of  the  time  of  the  Court,  I  will  simply  add  that  in  the  close 
of  this  very  valuable  memoir,  which,  I  think,  upon  the  whole  is  by 
far  the  most  valuable  contribution  we  have  received  to  the  litera- 
ture on  the  subject  of  milk,  there  is  a  resume  of  103  analyses.  It 
will  be  observed  that  the  columns  here  relate  to  the  date  at  which 
the  milk  was  produced,  the  place  of  their  production,  the  kind  of 
cow,  the  age  of  the  cow,  the  quantity  that  is  furnished  by  each  cow 
per  day,  whether  milked  in  the  middle  of  the  day  or  in  the  evening, 
and  then  the  degree  of  density  by  the  lacto-densimeter,  and  they 
give  the  numbers,  running  from  1  to  103  consecutively ;  it  is  not 
necessary  to  read  them,  but  I  will  give  you  the  resume ;  the  pages 
are  192  k>  196  inclusive,  the  resume  being  upon  the  last ;  my  infer- 
ence from  this  is  that  the  statement  which  I  made  in  my  testimony 
before  recess  is  abundantly  supported  in  the  fact  that  these  very 
competent  witnesses  appear  to  rely  exclusively  upon  the  lacto-dens- 
imeter for  determining  the  density  of  milk. 

Q.  Can  you  refer  to  any  other  passages  in  this  book  which  sus- 
tain the  method  or  a  method  similar  to  that  used  by  the  Board  of 
Health  in  this  city  ?  A.  I  regard  the  whole  book  as  responsive  to  your 
question.  Will  you  allow  mi  to  add  one  word  of  explanation,  lest 
I  should  be  conceived  by  the  honorable  counsel  or  jury  to  not  fully 
state  the  matter ;  I  do  not  wish  to  conceal  the  fact  that  there  are 
expressions  in  Quevenne  upon  the  lacto-densimeter  in  which  he 
states  that  the  instrument  as  a  scientific  instrument  is  not  as  per- 
fect as  might  be  desired  to  meet  all  the  questions  of'  caseine  and 
sugar,  etc.,  and  he  criticises  the  instrument  ;  doubtless  the  wit- 
nesses on  the  other  side  will  call  attention  to  that ;  I  will  take  the 
time  of  the  Court  to  do  it  now  if  it  is  desired  ;  I  will  read  the  whole 
of  it  to  you  if  you  like. 

Q.  Will  you  refer  to  the  bottom  paragraph  on  the  first  page  and 
translate  that  ?  A.  I  translate  it  as  follows  :  "  If  the  guilty  ought  to 


TESTIMONY   OF   BENJAMIN   SILLIMAN.  125 

be  severely  punished  it  follows  that  the  innocent  should  not  be  con- 
founded with  him ;  behold  the  progress  or  march  which  to  us 
appears  to  reconcile  all  the  interests  involved,  and  to  render  possi- 
ble the  daily  verification  of  milk  in  the  largest  city  ;  we  take  Paris 
for  example  ;  "  do  you  wish  me  to  go  further  ? 

Q.  Yes  sir,  the  next  paragraph,  if  you  will?  A.  "Messrs,  the  Com- 
missioners of  Police,  the  subordinates  in  their  order  should  prac- 
tice each  day,  at  the  houses  of  many  of  the  venders  of  milk  in  their 
circumscription,  the  following  operations,  which  ought  to  be  exe- 
cuted at  least  in  one  minute  :  a,  first,  to  take  the  degree  with  the 
lacto-densimeter  ;  6,  to  taste  the  milk,  if  the  degree  by  the  lacto-densi- 
meter  is  inferior  or  below  twenty-nine  degrees  in  having  regard  to 
the  temperature  as  mentioned  upon  pages  10  and  15,  if  the  taste  or 
the  color  presents  anything  which  is  abnormal.  After  these  pre- 
liminary trials  the  merchant  or  vender  is  presented  by  affidavit,  and 
to  take  at  least  half  a  litre  of  suspected  milk,  taking  care  previously 
to  have  rendered  the  whole  mass  homogeneous  by  stirring,  and  then 
to  transmit  it  immediately  to  an  expert  chemist,  who  shall  be  des- 
ignated by  the  administration.  This  method  of  procedure  presents 
the  incontestible  advantage  of  respecting  the  dignity  of  the  merchant, 
and  it  does  not  involve  a  seizure,  a  circumstance  which  is  always 
grave  and  which  always  carries  with  it  a  powerful  presumption  of 
the  violation  of  law."  It  is  rather  a  free  translation. 

Q.  Now,  sir,  if  you  will  read  that  short  sentence?  A.  "When  he 
has  verified,  as  we  have  before  said,  the  degree  by  the  lacto-den- 
simeter he  knows  only  the  half  of  that  which  ought  to  be  under- 
stood." 

Q.  These  gentlemen  referred  to  in  the  beginning  of  this  work, 
Soubeiran,  Eayer,  Bouchardat  and  Orfila,  are  they  distinguished  men 
in  France  ?  A.  Orfila  is  the  reporter  in  that  case  and  he  is  a  great 
toxicologist,  an  eminent  man. 

Q.  Does  not  Quevenne  speak  of  commercial  milk?  A.  I  do 
not  distinctly  remember  that  he  makes  use  of  that  expression.  I  do 
not  doubt  that  he  may  ;  if  you  say  that  he  does  I  accept  your  state- 
ment. 

Q.  Does  not  his  book  show  that  he  intends  the  methods  prescrib- 
ed by  him  to  refer  to  milk  sold  in  the  city  of  Paris,  that  is  commer- 
cial milk  as  you  understand  that  term?  A.  Clearly. 


126  TESTIMONY   OF   BENJAMIN   SILLIMAN. 

Q.  It  is  also  necessary  to  use  a  table  in  connection  with  this 
lactometer  ?  A.  That  is  a  matter  of  difference  of  opinion  among 
scientific  men ;  he  appears  to  regard  it  so  ;  I  do  not. 

Q.  What  is  a  creamometer?  A.  An  instrument  for  measuring 
the  amount  of  cream  which  is  thrown  up  to  the  surface  of  the 
milk. 

Q.  Are  you  familiar  with  the  book  by  Yon  Baumhauer,  to  which 
you  refer  ?  A.  Yes,  sir,  with  that  article  in  it. 

Q.  Will  you  see  whether  this  book,  at  page  811,  does  not  call 
your  attention  to  that  memoir  ?  (Watts'  Dictionary  shown  to  the  wit- 
ness). A.  This  citation  by  Watts  in  his  second  supplement,  makes 
reference  to  the  Zeitsch  Anal.  Chem.,  I  will  refer  to  the  book. 
That  is  the  chemical  journal  which  is  referred  to.  Methods  of  Milk 
Analysis.  Yon  Baumhauer  describes  in  an  elaborate  communica- 
tion the  methods  previously  in  use  for  determining  the  commercial 
value  of  milk.  He  came  to  the  conclusion,  long  recognized  in 
Germany,  that  one  will  not  by  determining  the  specific  gravity  of 
milk  or  by  determining  cream  by  the  aid  of  the  creamometer  or 
glactroscope,  be  in  a  position  to  establish  the  degree  of  its  adultera- 
tion, either  by  skimming  or  by  the  addition  of  water.  It  can  only 
serve  to  prove  the  addition  of  10,  20,  30  or  40  per  cent,  of  water 
and  the  excessive  skimming.  I  believe  that  is  the  correct  render- 
ing. 

Q.  Will  you  proceed  and  read  a  little  further,  finishing  the  ex- 
tract ?  A.  I  think  that  is  all  that  is  pertinent  to  the  point  of  in- 
quiry. 

Q.  Now,  sir,  please  state  Quevenne's  method  for  determining  the 
adulteration  of  milk  by  water;  what  is  it  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  Is  there  not  a  more  accurate  method  of  determining  the 
purity  of  milk  by  its  specific  gravity  in  regard  to  its  adulteration  by 
water  than  that  adopted  the  Board  of  Health  ?  A.  Practically, 
I  think  not. 

Q.  Are  you  certain  ?  A.  The  hydrometer,  as  this  particular 
hydrometer  is  called,  if  accurately  constructed  gives  us  precise  in- 
formation, if  properly  used  at  the  proper  temperature,  and  the  balance 
does  no  more  ;  each  of  them  weighs  a  certain  quantity  of  milk  ;  the 
one  in  a  specific  gravity  bottle,  on  the  pan  of  the  balance,  and  the 


TESTIMONY   OF   BENJAMIN   SILLIMAN.  127 

other  by  displacement  of  the  known  volume,  namely,  the  instrument 
floating  in  the  liquid  ;  neither  distinguishes  between  the  water  which 
is  normal  to  the  milk  and  the  water  which  is  added  to  the  milk  ex- 
cept in  excessive  degree. 

Q.  And  that  is  the  definite  test  which  is  common  to  all  methods, 
is  it  ?  A.  I  think  so,  to  all  methods. 

Q.  Will  not  analysis  show  more  surely  the  quantity  of  water  con- 
tained in  milk  than  the  lactometrical  test?  A.  You  mean  chemical 
analysis  ? 

Q.  Yes,  I  mean  taking  the  milk  apart  ?  A.  Doubtless  a  careful 
chemical  analysis  is  a  more  accurate  means  of  determining  the  con- 
stitution of  milk,  of  which  water  is  one  of  the  factors,  than  any  sight 
or  any  other  application  of  the  unaided  senses. 

Q.  Now,  in  your  opinion,  when  a  tradesman  is  charged  with  sell- 
ing .an  adulterated  article,  and  the  fact  is  sought  to  be  proved  by 
means  of  a  scientific  test  so  called,  should  the  best  possible  test  be 
employed  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  By  the  COURT — How  long,  probably,  would  it  take  to  analyze 
carefully  a  quart  of  milk?  A.  According  to  scientific  methods? 

Q.  Yes,  sir.  A.  The  complete  analysis  given  of  a  sample  of 
milk  would  occupy,  unless  there  were  a  large  number  of  samples 
done  at  the  same  time,  it  would  occupy  two  days  of  working  time  in 
the  laboratory ;  understand  me,  if  you  please,  I  should,  perhaps  in 
that  case  propose  to  establish  all  the  points,  to  analyze  the  milk 
thoroughly. 

Q.  You  would  have  to  analyze  milk  if  you  undertook  to  find  out 
the  per  centum  of  water  ?  A.  No  ;  we  could  make  a  water  deter- 
mination by  evaporation  in  a  shorter  time. 

Q.  By  heat  ?     A.  By  heat  I  should  say  in  three  hours. 

Q.  By  COUNSEL — In  three  hours  you  can  demonstrate  how  much 
water  the  milk  contains  ?  A.  I  should  think  so. 

Q.  It  would  show  the  quantity  of  water  which  the  milk  contained, 
which  the  lactometer  does  not  ?  A.  It  would  show  the  exact  quan- 
tity of  water  contained  in  milk. 

Q.  "Will  the  lactometer  show  exactly  the  quantity  of  water 
which  the  milk  contains,  or  is  not  the  same  effect  produced  or  a 
similar  effect  to  a  less  degree  produced  upon  milk  by  cream  as  upon 


128  TESTIMONY   OF  BENJAMIN  SILLIMAN. 

water,  as  to  its  gravity?  A.  Cream  is  so  near  the  density  of 
milk,  that  in  order  to  reduce  the  density  of  milk  say  from  100  to 
95  on  the  lactometer,  the  volume  of  cream  added  must  be  very 
large,  while  the  volume  of  water  added  would  not  much  if  at  all 
exceed  the  5  per  centum  considered. 

Q.  Do  I  understand  you  to  mean  that  the  specific  gravity  of 
cream  is  nearly  the  same  as  that  of  milk  ?  A.  No,  but  I  say  there  is 
so  little  difference. 

Q.  What  is  the  specific  gravity  of  cream?  A.  The  specific 
gravity  of  cream  will  depend  in  a  measure  upon  the  specific  gravity 
of  the  milk  from  which  it  is  derived,  for  cream  is  nothing  but  milk 
with  an  excess  of  fat. 

Q.  Between  what  figures  does  the  specific  gravity  of  cream  range? 
A.  I  cannot  certainly  tell  from  memory  without  reference  to  some 
authorities  upon  the  subject  ? 

Q.  Were  you  present  in  Court  the  other  day  when  Professor 
Chandler  demonstrated  its  specific  gravity  to  be  44  ? 

(Objected  to  as  assuming  a  fact  which  does  not  appear.) 

A.  The  answer  which  I  was  searching  for  in  my  own  mind  was 
the  actual  density,  which  I  thought  would  not  be  far  from  1.015  ;  by 
reference  to  my  table  of  comparative  density  I  see  it  is  1.014. 

Q.  Water  being  at  the  density  of  1.000,  is  that  it  ?     A.  Yes,  sir. 

Q.  Cream  would  be  at  a  density  of  1.014?     A.  Yes,  sir. 

Q.  And  milk  would  be  at  a  density  of  about  what  ?     A.  1.030. 

By  ME.  PRENTICE — Q.  If  you  have  a  large  quantity  of  cream  in 
the  milk  on  one  side,  and  have  a  quantity  of  water  in  the  cream  on 
the  other  side,  is  there  a  difference  in  color  ?  A.  Yes,  sir, 
there  is. 

Q.  Is  there  a  difference  in  consistency  ?     A.  There  is. 

By  MB.  LAWRENCE — Q.  You  say  that  as  to  milk  containing 
added  cream  and  milk  containing  added  water,  the  color  would  vary, 
do  you  not  ?  A.  Not  in  small  quantities. 

Q.  Suppose  there  to  be  4  quarts  of  each,  would  there  be  a  vari- 
ance in  color  ;  4  quarts  of  the  fluid  of  each  kind  ?  A.  You  do  not 
understand  me  ;  allow  me  to  make  plain  my  meaning  ;  I  mean  that  if 
to  a  given  sample  of  milk  there  is  added  5  parts  by  weight,  if  you 
please  ;  if  to  a  given  sample  of  milk  there  is  added  a  sufficient  vol- 
ume of  cream  to  reduce  the  specific  gravity  of  the  mixture  to  95 


TESTIMONY  OF  BENJAMIN  SILLIMAN.  129 

degrees  by  the  lactometer,  the  volume  of  cream  so  added  will  be 
necessarily  very  large,  and  that  the  effect  upon  the  milk  will  conse- 
quently be  very  apparent,  whereas  5  per  cent,  of  water  might  be 
added  which  would  reduce  the  density  of  milk  to  95  in  round  num- 
bers, and  its  effect  might  not  be  very  apparent ;  it  would  be  a  little 
thinner,  but  would  not  be  very  apparent. 

Q.  Professor,  as  you  have  just  stated  that  the  specific  gravities 
of  cream  and  milk  were  nearly  alike,  how  can  you  now  state  that  a 
large  quantity  of  cream  would  only  bring  the  milk  down  5  per  cent.  ? 
A.  I  think  I  have  sufficiently  explained  that. 

Q.  How  large  a  quantity  would  have  to  be  added  ?  A.  In  a  par- 
ticular case  which  occurs  to  my  memory,  milk  which  had  the  density 
of  1.018  by  specific  gravity  determined  by  the  balances  was  found 
to  have  55  per  cent,  by  volume  of  cream  floating  upon  it  after  stand- 
ing until  the  cream  was  raised ;  I  therefore  infer  that  in  order  to 
reduce  the  density  of  milk  to  1.018  that  at  least  one-half  its  volume 
must  be  cream. 

Q.  If  you  see  a  cow  milked  and  its  milk  stands  at  a  low  gravity, 
at  as  low  a  gravity  as  you  ever  find  pure  healthy  milk,  can  you  tell 
whether  that  low  gravity  is  caused  by  the  presence  of  much  cream 
or  much  water  in  the  milk  ?  A.  I  think  so. 

Q.  How  can  you  tell  that  ?  A.  By  the  sensible  properties  of 
the  fluid. 

Q.  Can  you  tell  it  from  the  exercise  of  the  senses  ?  A.  In  con- 
nection with  the  lactometer  ;  you  assume  it  is  of  a  like  density  ? 

Q.  Yes,  of  course  I  do  ?  A.  The  reason  for  my  answer  is  this  : 
a  cow  in  health  never  gives  milk  of  a  low  density,  which  usually 
means  an  excess  of  cream,  unless  she  has  been  fed  upon  highly 
oleaginous  food ;  if  she  is  a  stall-fed  cow,  fed  upon  cotton  seed 
meal  or  upon  linseed  meal  or  very  nutritious  food,  her  cream  may 
be  very  greatly  exaggerated. 

Q,  Then  I  understand  you  at  last  definitely  that  if  you  see  a 
sample  of  milk  which  you  know  to  be  pure  milk  at  a  low  gravity  and 
apply  the  lactometrical  test  properly  and  exercise  the  senses  you 
can  thus  determine  whether  the  low  gravity  is  due  to  the  water  or  to 
cream  ?  A.  I  think  so  and  for  the  reason  that  the  analysis  of  that 
very  milk  which  I  cite  showed  only  80  per  cent,  of  water. 


130  TESTIMONY   OF  ELWYN   WALLER. 

ELWYN  WALLER,  sworn  and  examined  by  Mr.  PRENTICE  : 

Q.  Dr.  Waller,  you  are  a  chemist  by  profession  ?     A.  I  am. 

Q.  And  you  are  consulting  chemist  of  the  Board  of  Health,  I 
believe  ?  A.  My  title  in  the  Board  of  Health  is  Assistant  Sanitary 
Inspector  ;  I  have  the  work  of  analysis  of  the  Board. 

Q.  And  you  are  one  of  the  officers  of  the  School  of  Mines,  are 
you  ?  A.  I  am,  sir. 

Q.  The  Laboratory  ?     A.  Yes,  sir. 

Q.  You  have  charge  of  the  Laboratory  ?  A.  I  have  charge  of 
one  of  the  Laboratories. 

Q.  How  many  students  have  you  there  ?  A.  At  present,  some 
70. 

Q.  How  long  have  you  been  there  ?  A.  I  have  been  there  as  a 
student  since  1868.  I  was  there  as  a  student  for  two  years,  and, 
since  1870,  I  have  been  there  in  one  capacity  or  another  ;  in  my 
present  position,  I  have  been  there  since  1871. 

Q.  You  have  had  a  number  of  samples  of  milk  brought  to  you 
by  inspectors  of  the  Board  of  Health,  for  analysis,  have  you  not  ? 
A.  I  have. 

Q.  And  with  the  rate  on  the  lactometer  ?     A.  Yes,  sir. 

Q.  And  have  you  made  the  analyses  ?  A.  I  have  made  the  an- 
alyses. 

Q.  To  test  the  lactometrical  rate  ?     A.  Yes,  sir. 

Q.  In  how  many  cases  ?     A.  In  73  cases,  I  think. 

Q.  And  what  did  you  find  ?  A.  I  found  that  the  analysis  showed 
that  the  lactometer  was  correct. 

Q.  In  all  these  cases  ?     A.  In  all  these  cases. 

Q.  Have  you  tested  the  lactometers  of  the  Board  of  Health  ?  A.  1 
have  tested  them. 

Q.  At  what  point,  and  how  ?  A.  I  have  tested  them  at  three  or 
four  different  points  ;  at  some  point  near  the  100,  at  a  point  about 
10  or  12  to  15  degrees  below  that — that  is  from  85  to  88 ;  at  about 
75  to  78,  to  65  to  68  for  different  ones. 

Q.  When  the  lactometer  has  shown  an  excess  of  water,  what  has 
the  analysis  shown  ?  A.  The  analysis  shows  a  little  more  usually 
than  is  shown  by  the  lactometer. 

.  The  four  lactometers  that  were  in  use  here,  perhaps  the  first 


TESTIMONY   OF   ELWYN   WALLER.  131 

day  of  the  trial,  in  the  practical  tests  that  were  made,  you  took,  I  be- 
lieve? A.  I  did. 

Q.  And  did  you  test  them  ?     A.  I  did,  that  evening. 

Q.  And  did  you  find  that  at  the  100  point  they  agreed  ?  A.  I 
found  that  they  did  agree  at  that  point. 

Q.  Did  you  find  that  they  agreed  at  any  other  point  ?  A.  I 
found  that  they  agreed,  I  think  it  was  at  the  88  point,  at  the  78  point 
and  at  the  68  point,  essentially  agreed.  I  have  a  note  here  on  the 
subject. 

Q.  Look  at  your  notes,  and  refresh  your  memory  if  it  is  neces- 
sary, and  tell  me  at  what  points  they  agree  ?  A.  At  the  104  point 
they  all  agree,  at  the  88  point  three  were  88  and  one  was  87 ;  at  the 
78  point  two  were  78,  one  was  77  and  one  was  76  ;  at  the  68  point 
two  were  68,  one  was  67,  and  one  was  66. 

Q.  You  have,  in  addition  to  the  prosecution  of  studies  in 
milk,  been  into  the  country  and  tested  the  milk  from  cows  when 
milked  ?  A.  I  have  tested  it  with  the  lactometer. 

Q.  Will  you  state  the  result,  and  the  number  of  experiments  you 
made  ?  A.  I  made  86  tests  upon  the  milk  which  I  saw  taken 
from  the  cows  myself,  and  the  highest  of  those  was  122, 1  think ;  it 
was  either  120  or  122 ;  the  lowest  was  102,  the  average  I  do  not 
recollect  now  absolutely,  but  it  was  a  little  below  110. 

Q.  The  lactometer  which  you  used,  was  what  ?  A.  It  was  the 
lactometer  constructed  for  the  Board  of  Health,  with  the  100  mark 
at  1.029. 

Q.  And  the  temperature  was  what  ?  A.  The  temperature  when 
I  tested  them  was  60  Fahr. 

By  the  COURT — Q.  All  the  milk  you  tested  had  a  greater  specific 
gravity  than  100  ?  A.  Yes,  sir. 

By  Mr.  PRENTICE — Q.  Now,  you  have  had  practical  experience 
in  these  several  tests  ;  have  used  the  lactometer  and  have  used  the 
analysis ;  in  your  opinion  is  it  necessary  when  milk  at  60  Fahr. 
falls  below  the  100th  point  on  the  lactometer  of  a  standard  of  1.029 
to  use  analysis  to  detect  the  adulteration  by  water  alone.  A. 
In  case  it  were  very  near  100,  98  or  99,  I  should  prefer  to  make 
an  analysis  before  deciding  whether  the  milk  had  been  watered  or 
not,  but  in  ordinary  cases  if  it  fell  much  below  100  I  should  not 
consider  analysis  necessary. 


132  TESTIMONY   OF   ELWYN   WALLER 

Q.  In  case  it  stood  at  95  ?  A.  In  case  it  stood  at  95  if  it  were 
commercial  milk  I  should  not  consider  it  necessary. 

Cross-examined : 

Q.  How  long  have  you  taught  chemistry,  Doctor  ?  A.  Four  or 
five  years. 

Q.  Did  you  test  the  other  evening  a  lactometer  handed  you  by 
Professor  Doremus  and  myself?  A.  I  did. 

Q.  Did  you  find  that  to  substantially  agree  with  the  Board  of 
Health  lactometer  ?  A.  Yes,  it  agreed  essentially  with  the  Board 
of  Health  lactometer. 

Q.  Did  you  test  it  at  more  than  one  point  ?  A.  I  tested  it  at 
the  same  points  at  which  I  tested  the  other  ones. 

Q.  Did  you  test  it  so  that  you  have  no  doubt  as  to  its  general 
accuracy  ?  A.  Yes,  sir  ;  I  did. 

Q.  These  samples  of  milk  86  of  which  you  analyzed,  did  you 
know  them  all  to  be  pure  ?  A.  Those  that  I  tested  in  the  country 
you  refer  to  ? 

Q.  I  think  you  said  you  analyzed  86  ?  A.  I  analyzed  73  sam- 
ples of  milk ;  I  also  tested  86  in  the  country. 

Q.  The  73  that  you  analyzed,  did  you  know  them  to  be  pure 
milk  ?  A.  I  did  not ;  I  knew  that  they  were  not. 

Q.  How  did  you  analyze  those  ?  A.  According  to  the  ordinary 
method ;  I  will  describe  the  method  if  you  wish  ;  the  milk  was 
first  dried  to  a  constant  weight ;  then  the  butter  fat  was  extracted 
by  means  of  ether,  the  loss  of  milk  residue  determined  by  the  bal- 
ance, and  as  a  check  upon  that  the  amount  of  butter  was  placed  in 
a  dish  and  the  ethor  evaporated  off  and  that  was  also  weighed ; 
what  remained  consisted  of  caseine,  sugar  and  salts  ;  the  sugar  was 
then  extracted  by  means  of  water  and  the  loss  noted  and  also  the 
weight  of  the  sugar  separated  was  determined ;  the  remainder  con- 
sisted of  caseine  together  with  some  salts ;  the  sugar  was  burned 
and  the  salts  in  the  sugar  thus  determined ;  the  caseine  was  also 
burned  and  the  salts  with  the  caseine  was  determined. 

Q.  You  are  familiar  with  the  general  method  pursued  by  the 
Board  of  Health  to  detect  the  adulteration  of  milk  in  this  city,  are 
you  not  ?  A.  I  am. 


TESTIMONY  ON  ELWYN  WALLER.  133 

Q.  Does  the  Board  of  Health  cause  the  milk  to  be  tested  at  the 
depot  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  Now,  what  is  the  most  accurate  method  of  determining  the 
adulteration  of  milk  by  water  ?  A.  The  lactometer. 

Q.  Then  that  is  more  accurate  than  analysis,  is  it  ?  A.  I  think 
it  is. 

Q.  But  you  stated  just  now  that  by  analysis  you  always  found 
more  water  in  milk  than  the  lactometer  indicated,  did  you  not  ?  A. 
I  did. 

Q.  Then  if  you  consider  the  lactometrical  test  the  best  why  was 
it  that  you  subsequently  verified  that  by  analysis  ?  A.  Because  I 
desired  to  find  out  by  two  different  and  independent  methods  the 
amount  of  adulteration. 

Q.  Then  you  found  the  most  adulteration  by  what  you  deemed 
the  least  accurate  method  of  analysis  did  you  not  ? 

(Objected  to  ;  objection  overruled.) 

Q.  Will  the  lactometer  show  you  the  percentage  of  water  milk 
contains  to  a  certainty?  A.  Do  you  mean  the  per  cent,  of  that 
which  it  naturally  contains  ? 

Q.  Naturally  and  properly  together ;  if  you  take  a  sample  of 
milk  pure  or  adulterated  does  the  lactometer  show  you  accurately 
how  much  water  it  contains  ?  A.  It  will  not  under  those  circum- 
stances. 

Q.  Will  it  show  you  accurately  how  much  water  is  contained  in 
the  specimen  of  pure  milk  ?  A.  It  will  not. 

Q.  Will  not  analysis  ?     A.  Analysis  will. 

By  MB.  PRENTICE — Q.  Will  you  read  the  test  of  the  lactometer 
handed  you  by  the  learned  counsel  the  other  evening  for  a  test  at  the 
point  at  which  it  agreed  and  disagreed  with  the  other  lactometer  ? 
A.  Where  it  should  have  stood  at  104  it  stood  at  105  ;  one  degree 
higher  ;  at'  88  it  was  one  degree  too  low  ;  it  was  87 ;  at  78  it  was 
correct ;  at  68  it  was  one  degree  too  high  ;  it  was  69. 

Q.  How  did  you  make  the  determination  ?  A.  By  taking  a  salt 
solution,  the  gravity  of  which  was  determined  by  means  of  the 
specific  gravity  bottle,  and  then  by  calculating  from  the  specific 
gravity,  thus  determined,  what  the  degree  of  the  lactometer  should 
have  been,  and  then  testing  the  lactometer  in  the  solution. 


134  TESTIMONY  OF  HENRY  A.   MOTT,   JR. 


HENRY  A.  MOTT,  JR.,  sworn,  and  examined  by  Mr.  Prentice. 

Q.  Dr.  Mott,  will  you  state  your  profession  ?  A.  I  am  an  ana- 
lytical chemist. 

Q.  And  what  has  been  your  study  and  experience  ?  A.  With 
respect  to  the  subject  of  milk,  I  have  devoted  what  I  may  say  un- 
divided attention  to  it  for  the  last  two  years  and  a  half,  with  a  view 
of  publishing  a  very  extensive  work  on  the  subject. 

Q.  Have  you  already  published  some  papers  ?     A.  I  have. 

Q.  You  are  acquainted  with  the  lactometer,  I  suppose  ?  A.  I 
am. 

Q.  Have  you  made  tests  and  experiments  with  it  ?     A.  I  have. 

Q.  Is  it  an  accurate  instrument  for  determining  the  specific  grav- 
ity of  milk  ?  A.  Yes,  sir  ;  when  it  is  properly  used. 

Q.  Other  similar  instruments  are  used  in  the  arts  for,  like  pur- 
poses, are  they?  A.  Yes,  sir. 

Q.  Is  there  any  more  accurate  method  of  determining  the  speci- 
fic gravity  of  liquids  than  by  the  use  of  such  an  instrument  ?  A. 
I  have  compared  the  result  I  have  obtained  from  the  lactometer 
with  the  results  I  have  obtained  by  actual  weighing  in  the  scales, 
and  they  have  agreed  in  every  instance. 

Q.  How  many  times  have  you  done  that,  do  you  remember  ? 
A.  I  did  that  at  least  six  times  last  winter. 

Q.  This  was  in  a  case  of  milk  ?  A.  Yes,  sir  ;  in  the  case  of 
cows'  milk. 

Q.  You  have  examined  the  question  of  milk,  generally  ?  A.  I 
have  examined  milk,  generally. 

Q.  And  you  have  made  comparative  tests  to  determine  the  ac- 
curacy of  the  lactometer  you  have  already  stated  ?  A.  Yes,  sir. 

Q.  What  do  you  understand  by  the  specific  gravity  of  milk  ? 
A.  I  understand  by  the  specific  gravity  of  milk,  first,  the  result 
obtained  by  comparing  the  volume  with  the  known  quantity  of 
milk,  the  weight  of  a  known  volume  of  milk  with  the  weight  of  a 
known  volume  of  water,  at  the  conventional  temperature  of  60  Fahr.  ; 
and  secondly,  I  should  have  said  when  I  speak  of  the  specific  grav- 
ity of  milk,  I  mean  the  specific  gravity  of  all  the  milk  that  can  be 
obtained  from  a  cow,  in  perfect  health,  thoroughly  mixed  together 


TESTIMONY  OF  HENEY  A.  MOTT,  JE.  135 

at  the  temperature  of  60  degrees,  and  not  tne  specific  gravity  of  the 
first,  second,  or  third  portion  of  milk. 

Q.  What  would  you  say  of  the  standard  of  1.029  as  a  standard  of 
milk  from  a  sound  healthy  cow?  A.  I  say,  that  the  standard  1.029 
is  the  lowest  that  pure  normal  milk  can  ever  reach  :  it  never  falls 
below  that  standard.  In  cases  where  it  falls  below  the  milk  is  not 
normal  but  is  abnormal. 

Q.  Are  you  familiar  with  the  literature  of  milk  and  its  examina- 
tion ?  A.  I  am,  sir. 

Q.  What  is  the  best  opinion  according  to  the  best  authorities, 
with  regard  to  the  use  of  the  lactometer,  for  detecting  the  watering 
of  milk  ? 

(Objected  to  ;  objection  overruled  ;  exception.) 

A.  According  to  my  opinion  and  the  researches  that  I  have 
made  from  the  best  authorities,  the  lactometer  is  recommended  as 
a  test ;  not  of  the  purity  of  milk  but  of  the  excessive  adulteration  of 
milk. 

COUNSEL — I  move  to  strike  that  out  as  not  responsive. 

The  COUET — I  think  it  is  responsive  ;  leave  it  in. 

By  Mr.  PEENTICE — Q.  You  understand  it  approves  the  use  of 
the  lactometer  ?  A.  Yes,  sir,  I  understand  it. 

Q.  Do  you  consider  that  the  thermometer  is  absolutely  neces- 
sary to  discover  the  fact,  whether  milk  has  been  adulterated  with 
water  or  not  ?  A.  "  The  fact,"  I  should  like  in  italics — to  discover 
the  fact.  No  sir,  for  this  reason,  that  combined  with  the  lactometer 
we  use  the  senses.  If  there  is  any  doubt  as  to  the  temperature  of 
milk,  it  can  be  easily  cooled,  so  that  the  senses  will  detect  that  its 
temperature  is  below  60,  and  when  it  is  below  60,  it  is  in  favor  of 
the  milkmen. 

Cross-examined  : 

Q.  How  do  you  determine  the  temperature  without  the  thermo- 
meter? A.  I  can  easily  determine  by  my  senses  that  the  tempera- 
ture of  milk  is  or  is  not  below  60. 

Q.  Can  you  tell  it  with  water  ?     A.  Through  the  glass,  no. 

Q.  Well,  if  you  taste  it  or  touch  it — apply  your  senses  to  it  ? 
A.  Do  you  say  that  is  water  ? 

Q.  I  say  it  came  from  this  decanter?  A.  I  should  cool  the  milk  a 


136  TESTIMONY  OF  HENRY  A.   MOTT,   JK. 

little  further  down  before  I  made  the  experiment.  I  should  imagine 
the  temperature  of  that  was  below  60. 

Q.  Then  to  determine  the  temperature  of  milk  you  would  use 
your  imagination,  would  you — would  you  determine  the  temperature 
of  milk  by  your  suppositions — what  do  you  think  the  temperature 
there  is  ?  A.  I  said  that  I  would  cool  the  milk  lower  than  that.  I 
should  judge  that  that  was  below  60 ;  it  was  48  and  a  half. 

Q.  In  order  to  get  it  to  a  temperature  which  would  favor  milk- 
men you  would  cool  that  first  still  further,  would  you,  if  it  was 
milk  ?  A.  Not  a  great  deal. 

Q.  If  you  would  put  it  at  16  degrees  from  the  48  you  would 
have  it  at  the  freezing  point  ?  A.  Yes,  sir  ;  when  you  have  reached 
a  certain  standard  one  or  two  degrees  makes  considerable  difference. 

Q.  At  what  standard  does  one  or  two  degrees  of  temperature 
make  considerable  difference ;  why  does  it  make  a  considerable 
difference  there  ?  A.  Because  my  senses  are  acute  enough  to  tell 
the  distinction. 

Q.  Now  why  would  you  cool  this  article  at  48  further  in  order 
to  test  it  properly  ?  A.  I  would  like  to  explain. 

Q.  ."We  have  seen  that  you  cannot  tell  the  temperature  of  a 
fluid  by  guessing  at  it ;  are  your  other  senses,  referring  only  to  those 
you  would  use  in  testing  milk,  more  accurate  than  the  sense  which 
enables  you  to  tell  the  temperature  ?  A.  I  have  never  found  any 
defect  in  my  senses. 

Q.  "Won't  you  apply  another  of  your  senses,  that  of  sight,  to  the 
contents  of  this  bottle  ? 

(Showing  bottle.) 

A.  To  a  chemist's  preparation?  no,  sir. 

Q.  Have  you  any  ground  for  assuming  this  to  be  a  chemical 
preparation  ?  A.  The  ground  that  you  will  not  positively  swear 
that  it  is  milk. 

Q.  Have  I  been  a  witness  in  this  case — this  is  a  fresh  bottle  ? 
A.  What  is  the  question  ? 

Q.  Won't  you  apply  another  of  your  senses,  that  of  sight,  to  the 
contents  of  this  bottle  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  Is  the  sense  of  smell  of  use  to  you  in  determining  whether 
a  fluid  is  milk  or  not  ?  A.  Yes,  sir,  when  I  heat  the  milk. 


TESTIMONY   OF   HENRY  A.    MOTT,   JR.  137 

Q.  Have  you  made  large  researches  concerning  the  milk  of 
woman  ?  A.  I  have. 

The  COURT — You  need  not  answer  that ;  I  exclude  that. 

COUNSEL — I  except. 

Q.  Now,  Doctor  Mott,  how  many  times  have  you  analyzed  milk 
which  you  knew  to  be  pure?  A.  I  have  analyzed  milk  that  I  have 
known  to  be  pure — you  mean  cow's  milk  ? 

Q.  I  refer  now  only  to  cov/'s  milk,  not  to  negro  women  ?  A.  I 
have  made  six  analyses  of  milk  that  I  knew  to  be  pure. 

Q.  How  did  you  know  it  to  be  pure  ?  A.  My  assistant  stood  by 
and  saw  the  cows  milked  and  brought  me  the  milk. 

Q.  Did  you  see  it  milked  ?  A.  My  assistant,  whom  I  place  per- 
fect confidence  in,  saw  it  milked. 

Q.  Did  you  see  it  milked  ?  A.  I  only  saw  it  through  the  con- 
fidence I  place  in  my  assistant. 

Q.  Were  you  present  when  the  cow  was  milked  ?     A.  No,  sir. 

Q.  That  is  what  you  call  knowledge  of  the  purity  of  milk  given 
you  by  your  assistant  ?  A.  Sufficient  to  any  sensible  person,  I 
think. 

Q.  Have  you  analyzed  any  milk  concerning  the  purity  of  which 
you  had  any  greater  or  further  knowledge  than  the  information 
given  you  by  your  assistant  ?  A.  I  have  never  analyzed  any  milk 
that  I  have  stood  by  and  seen  taken  from  the  animal. 

Q.  Could  you  tell  from  the  statement  of  your  assistant  that  the 
cows  from  which  this  milk  had  come  were  healthy  ?  A.  My  results 
would  speak  for  themselves. 

Q.  How  do  they  speak  for  themselves  ?  A.  If  I  had  found  one 
specimen  of  the  specific  gravity  less  than  1.029, 1  would  safely  con- 
clude that  the  milk  was  abnormal. 

Q.  How  often  have  you  tested  cow's  milk,  which  you  knew  to  be 
pure  cow's  milk,  with  the  lactometer  ?  A.  Five  times  which  I  knew 
to  be  pure  and  at  least  20  to  25  milk  which  I  had  not  sufficient 
evidence  to  be  pure. 

Q.  How  did  you  know  those  five  specimens  to  be  pure  ?  A.  My 
assistant  obtained  them  for  me  and  stood  by  and  saw  the  cows 
milked. 

Q.  That  is  the  only  knowledge  you  have  on  the  subject  ?  A.  Yes, 
sir  ;  that  is  all  I  required. 


138  TESTIMONY   OF  HENRY  A.   MOTT,   JR. 

By  Mr.  LAWRENCE — Q.  Did  you  make  the  test  by  the  lactometer  ? 
A.  I  made  the  test  by  the  lactometer  which  I  had  procured  and 
which  I  had  verified  by  first  obtaining  the  specific  gravity  by  an 
instrument,  and  then  by  weighing  the  milk  on  the  scales. 

Q.  Did  you  use  the  thermometer  in  making  those  five  tests  with 
the  lactometer  ?  A.  I  did  ;  I  wished  to  have  my  results  scientifically 
accurate. 

Q.  At  what  degree  ?     A.  At  60  degrees  Fahr. 

Q.  Did  you  make  any  memorandum  of  it  at  the  time,  showing  the 
results  of  that  examination  ?  A.  Yes,  I  think  I  did. 

Q.  Have  you  it  with  you  ?     A.  I  have  not. 

Q.  When  did  you  make  those  five  tests,  Doctor  ?  A.  I  made  them 
between  December  and  February  of  last  year  :  I  made  other  tests 
since  then. 

Q.  December  of  last  year,  and  February  of  this  year  ?   A.  Yes,  sir. 

Q.  Among  the  articles  that  you  have  published  on  this  subject 
did  one  appear  in  the  New  York  Herald  on  the  14th  February,  1876  ? 
A.  It  did,  sir. 

Q.  State  whether  I  read  correctly  from  that  article  :  "  I  have 
frequently  met  with  samples  of  fresh  cow's  milk  having  a  specific 
gravity  between  1.029  and  1.030,  but  only  once  have  I  ever  found  the 
specific  gravity  below  1.029.  The  sample  I  refer  to  was  milked  from 
an  Alderney  cow  owned  by  a  gentleman  at  Nyack,  which  gave  a  specific 
gravity  of  1.028.64  at  60  Fahr.  ;  on  analyzing  this  sample  the  milk 
proved  richer  in  milk  solids  than  any  milk  I  have  been  able  to  find 
recorded,"  is  that  correct  ?  A.  That  is  correct,  but  I  wish  to  explain  ; 
I  had  at  that  time  a  gentleman  in  my  laboratory  whom  I  requested 
to  obtain  a  sample  from  an  Alderney  cow  at  Nyack  ;  he  obtained  the 
sample,  I  tested  it,  believing  it  to  be  a  fair  average  sample  of  that 
particular  cow  thoroughly  mixed  together,  and  I  believed  the  cow  to 
be  in  a  perfectly  healthy  state  ;  I  afterwards  found  that  he  was  not 
present  when  the  sample  was  obtained,  and  could  not  give  me  anv 
evidence  that  the  sample  was  a  fair  average  of  all  the  milk  ;  not 
knowing  that  the  results  were  correct  for  that  particular  sample, 
but  not  for  milk  in  general. 

Q.  The  assistant  Avho  did  all  this,  was  he  the  same  assistant  who 
gave  you  the  information  of  the  purity  of  5  samples  ?  A.  I  did  not 
say  he  was  an  assistant,  he  was  a  gentleman  in  my  laboratory. 


TESTIMONY  OF  HENRY  A.  MOTT,  JR.  139 

Q.  Was  he  your  assistant  ?     A.  No,  sir. 

Q.  You  did  not  allow  me  to  finish  my  reading,  shall  I  proceed  ? — 
"  I  therefore  do  not  hesitate  to  say  that  any  milk  which  tests  below 
a  hundred  on  the  instrument  adopted  by  the  Board  of  Health  has 
been  tampered  with  ?  "  A.  That  is  correct. 

Q.  What  do  you  regard  as  the  best  test  for  milk  ?  A.  I  regard 
the  best  test  for  the  purity  of  milk  chemical  analysis. 

Q.  Is  that  better  than  the  use  of  the  lactometer  ?  A.  For  the 
purity  it  has  never  been  claimed  that  the  lactometer  would  decide ; 
the  lactometer  will  detect  the  adulteration  of  milk  by  water  and 
that  is  all  that  is  claimed  by  the  lactometer. 

Q.  Now,  Dr.  Mott,  will  the  lactometer  show  the  quantity  of 
added  water  which  milk  that  has  been  adulterated  by  water  con- 
tains ?  A.  It  will  show  that  the  milk  has  added  to  it  water. 

Q.  Will  it  show  how  much  water  has  been  added  ?  A.  It  will 
show  how  much  water  has  been  added  more  accurately  than  by  any 
other  process  ;  for  this  reason,  we  have  amongst  scientific  men  a, 
standard  for  the  specific  gravity  of  milk,  but  we  have  not  the  per- 
centage of  water  contained  in  milk. 

Q.  Cannot  you  tell  more  definitely  by  analysis  how  much 
water,  added  and  natural,  a  sample  of  milk  contains  than  you  can  by 
the  lactometer?  A.  No,  sir;  added  and  contained  did  you  say? 

Q.  Added  and  natural  ?  A.  Well  the  lactometer  does  not  pre- 
tend to  tell  the  amount  of  water  normal  to  healthy  milk. 

Q.  Will  you  give  simply  an  affirmative  or  negative  answer  ?  A. 
Chemical  analysis  will  give  the  amount  of  water  in  milk. 

Q  Will  chemical  analysis  show  how  much  water  has  been 
added  to  milk  adulterated  by  water  ?  A.  No,  sir  ;  because  we  have 
no  standard  for  the  percentage  of  water  in  milk. 

Q.  Has  not  a  paper  of  Professor  Chandler's  giving  a  standard 
been  published  in  several  papers?  A.  lam  not  familiar  with  the 
fact  that  according  to  my  researches  that  that  standard  has  been 
accepted. 

Q.  Why  don't  you  answer  that,  Professor  Chandler  has  pub- 
lished such  a  standard  ?  A.  I  might  publish  such  a  standard  my- 
self ;  I  have  seen  such  a  standard  published  by  Professor  Chand- 
ler. 

Q.  Now,  don't  you  think  that  analysis  ought  to  be   added  to  the 


140  TESTIMONY   OF   HEEMAN   ENDEMANN. 

thermometrical  tests,  to  the  tests  generally  used  by  tlie  Board  of 
Health  ?  A.  I  consider  that  the  addition  of  analysis  would  elab- 
orate the  results,  but  whether  analysis  would  benefit  the  determin- 
ation of  adulteration  by  water  I  think  is  unnecessary. 

Q.  Then  you  think  it  unnecessary  to  add  analysis  to  determine 
adulteration  by  water,  is  that  it  ?  A.  That  is  my  opinion. 

Q.  I  ask  you  if  this  is  a  correct  extract  from  your  article  I  have 
before  alluded  to  :  "  But  the  Board  of  Health  does  not  rely  simply 
upon  the  lactometer ;  when  any  sample  of  milk  has  a  specific  gravity 
less  than  the  mark  100  on  their  instrument,  or  when  a  sample  of 
milk  presents  any  appearance  of  being  tampered  with,  the  milk  is 
submitted  to  chemical  analysis  "  ?  A.  That  is  a  fact,  and  shows 
how  thorough  they  are  in  proving  the  adulteration  of  milk. 

Q.  That  is  a  correct  extract  from  your  article  ?  A.  That  is  very 
correct. 

By  Mr.  PRENTICE — Q.  Are  you  connected  with  the  Board  of 
Health  ?  A.  In  no  way. 

Q.  Have  you  ever  been  ?     A.  Never. 

HEBMAN  ENDEMANN,  sworn  and  examined  by  Mr.  Prentice,  testified 
as  follows  : 

Q.  You  are  a  chemist  by  profession  ?     A.  Yes,  sir. 

Q.  And  have  been  how  many  years  ?  A.  I  commenced,  I  think 
in  1857. 

Q.  You  took  your  degree  where  ?     A.  In  Marburg,  in  Germany. 

Q.  And  what  has  been  your  course  and  experience  since  ?  A.  I 
have  been  for  three  years  as  instructor  at  the  Polytechnic  School 
in  Stuttgart ;  I  was  for  two  years  private  assistant  to  Professor 
Chandler  at  the  School  of  Mines,  and  after  that  I  was  appointed  in 
the  Health  Department  in  1869. 

Q.  You  have  paid  attention  to  this  milk  question  and  made 
experiments  and  tests?  A.  Yes,  sir. 

Q.  The  lactometer  is  a  kind  of  hydrometer  ?  A.  Yes,  it  is  a 
hydrometer. 

Q.  And  is  the  hydrometer  an  accurate  instrument  for  determin- 
ing the  specific  gravity  of  liquids  ?  A.  Yes,  sir. 

Q.  Is   there    any   more   accurate    method    of  determining   the 


TESTIMONY   OF   HEKMAN  ENDEMANN.  141 

specific  gravity  of  liquids  than  by  the  use  of  such  an  instrument  ? 
A.  No,  sir,  not  for  any  practical  purposes. 

Q.  Is  the  standard  of  1.029  a  correct  standard  for  pure,  sound 
milk  ?  A.  Yes,  sir  ;  I  consider  it  a  good  one — a  very  good  one. 

Q.  You  are  familiar  with  the  literature  on  this  subject,  are  you  ? 
A.  I  paid  a  little  attention  to  it — not  much. 

Q.  If  a  sample  of  milk  offered  for  sale  in  this  city  at  a  tempera- 
ture of  60  Fahr.,  tested  by  the  lactometer  standard  of  the  Board  of 
Health  at  1.029  should  rate  at  90  on  the  lactometer,  what  would  that 
determine  in  your  opinion? 

(Objected  to  ;  question  withdrawn.) 

Q.  I  will  ask,  in  your  opinion,  is  the  lactometer  as  accurate  a 
method  as  any  for  testing  the  adulteration  by  water  of  milk  offered 
for  sale  in  this  city,  when  used  with  the  thermometer  at  a  degree  of 
60  Fahr.,  and  with  the  observation  and  the  use  of  the  senses  of  the 
inspector  ? 

(Objected  to,  on  the  ground  that  it  calls  for  the  expression  of  an 
opinion  on  the  part  of  the  witness  as  to  the  qualifications  of  the 
inspector,  and  as  to  his  sense  of  smell,  etc. ;  objection  overruled.) 

A.  As  far  as  the  senses  are  concerned,  I  cannot  say  what  the 
inspector  is  able  to  do,  but  as  far  as  the  lactometer  is  concerned,  if 
the  lactometer  is  down  at  90  at  a  temperature  of  60  Fahr.,  it  is  evi- 
dent that  the  milk  has  been  watered,  provided  it  is  not  the  milk  of 
an  individual  cow,  but  commercial  milk. 

Cross-examined : 

Q.  Have  you  made  an  analysis  of  milk  ?     A.  Yes,  sir. 

Q.  How  many  ?     A.  Between  two  and  three  hundred. 

Q.  How  long  ago  ?     A.  About  four  or  five  years  ago. 

Q.  Have  you  made  any  since  ?     A.  Yes,  sir  ;  occasionally. 

Q.  When  did  you  make  the  last  ?     A.  I  could  not  say. 

Q.  Have  you  made  tests,  with  the  lactometer,  of  milk  ?  A.  Yes, 
sir. 

Q.  Have  you  verified  the  lactometers  which  you  used  on  these 
occasions  ?  A.  In  every  case  I  always  made  an  analysis. 

Q.  In  every  test  you  made  by  the  lactometer,  I  understand  you 
to  say,  you  verified  by  analysis  ?  A.  Yes,  sir. 


142  TESTIMONY   OF  HEKMAN  ENDEMANN. 

Q.  Those  tests  which  you  made  by  the  lactometer  of  fluid,  did 
you  know  that  to  be  milk  ?  A.  I  assumed  it  to  be  milk,  because  of 
the  parties  from  which  it  was  bought — 

Q.  You  had  no  other  knowledge  except  assumption  on  your 
part  that  the  article  which  you  tested  with  the  lactometer  was  milk, 
have  you?  A.  It  was  sold  as  milk. 

Q.  Answer  my  question ;  you  had  no  other  knowledge,  except 
assumption  on  your  part,  that  the  article  which  you  tested  with  the 
lactometer  was  milk ;  yes  or  no  ?  A.  It  was  sold  as  milk;  that  is 
all  I  know  about  it. 

Q.  "Was  that  your  only  knowledge  on  that  subject  ?  A.  The 
analysis  proved  that  it  was  milk ;  the  reactions,  and  so  on. 

Q.  Then  analysis,  I  suppose,  according  to  your  testimony,  is  a 
better  method  of  ascertaining  whether  an  article  is  milk  than  by 
testing  with  the  lactometer  and  with  the  senses,  is  it  not  ?  A.  It 
shows  better  whether  there  is  milk ;  but,  as  the  vital  question — 

Q.  Can  you  tell  whether  an  article  which  looks  like  milk,  tastes 
like  milk,  and  to  all  the  senses  appears  to  be  milk,  which  tested  by 
the  lactometer  stands  at  100  and  the  thermometer  at  60,  is  milk? 
A.  Not  under  all  circumstances. 

Q.  Could  you  tell  if  such  an  article  were  presented  to  you  in 
court  whether  it  was  milk  ?  A.  No,  sir. 

Q.  Could  you  tell  if  an  article  were  labeled  milk  whether  it  was 
milk  ?  A.  Just  the  same  answer. 

Q.  Now  suppose  that  you  should  find  an  article  which  looked 
like  milk  and  to  all  the  senses  appeared  to  be  milk  and  which 
answered  to  the  lactometrical  and  thermometrical  tests  which  I 
have  described,  in  a  grocery  shop,  would  you  assume  it  to  be  milk  ? 
A.  If  it  was  sold  to  me  as  milk,  I  would  assume  it. 

Q.  You  would  swear  it  was  milk — would  you  give  it  as  your 
scientific  opinion  that  it  was  milk  ?  A.  Not  without  an  examin- 
ation. 

By  Mr.  PRENTICE — Q.  You  have  stated  that  you  made  two  or 
three  hundred  tests  with  the  lactometer?  A.  Yes,  sir. 

Q.  "Was  there  any  instance  in  which  the  analysis  did  not  confirm 
the  test  by  the  lactometer  as  regards  the  adulteration  by  water? 

(Objected  to  ;  objection  overruled.) 

A.  In  all  those  cases  where  I  was  sure  that  the    lactometer  had 


TESTIMONY  OF  JAMES  C.  JEPSON.  143 

been  read  correctly,  in  all  those  cases  where  I  read  it  myself  and 
was  sure,  the  analysis  proved  the  correctness  of  the  reading  of  the 
lactometer. 

Q.  They  agreed,  did  they  ?     A.  They  agreed. 

BY  COUNSEL  FOE  DEFENDANT — Q.  You  used  analysis  for  the  pur- 
pose of  verifying  what  you  tested  with  the  lactometer  ?  A.  I  have 
used  analysis  because  I  was  directed  to  do  so. 

Q.  That  is  the  only  reason  you  did  it,  is  it?  A.  Yes,  that  is  the 
only  reason. 


JAMES  C.  JEPSON,  sworn  and  examined  by  Mr.  PEENTICE,  testified  as 
follows  : 

Q.  You  are  a  member  of  the  police  force  of  this  city  and  have 
been  for  a  number  of  years  ?  A.  Yes,  I  am. 

Q.  You  were  for  several  years  connected  with  the  Sanitary 
Squad  of  Police,  were  you  ?  A.  Yes,  sir. 

Q.  You  were  detailed  for  milk  inspections  ?     A.  Yes,  sir. 

Q.  And  you  used  the  lactometer  given  you  by  the  Board  of 
'Health  ?  A.  Yes,  sir,  I  did. 

Q.  How  long  ?  A.  A  little  over  seventeen  months,  nearly  eigh- 
teen months. 

Q.  You  made  tests  in  the  country  as  well  as  in  the  city  ?  A. 
Yes,  sir. 

Q.  How  many  tests  did  you  make  ? 

(Objected  to  on  the  ground  that  witness  is  not  an  expert ; 
objection  overruled  ;  exception.) 

A.  Do  you  mean  in  the  country  or  in  the  city. 

Q.  In  the  city  first  and  then  in  the  country  ?  A.  I  suppose  I 
sampled  about  10,000  cans  of  milk  in  the  city  of  New  York. 

Q.  With  what  ?     A.  The  lactometer. 

Q.  And  did  you  take  the  warmth,  the  degree  of  heat  of  the  milk  ? 
A.  Not  in  all  cases,  in  a  great  number  of  cases  I  did. 

Q.  And  at  what  degree  of  heat  ?     A.  At  60  as  a  general  thing. 

Q.  Before  you  went  on  this  duty  did  you  have  any  training  in 
the  use  of  these  instruments,  and  if  so  where  ?  A.  Nothing  more 
than  that  Dr.  Chandler  explained  the  instrument  to  me,  how  to  use 
it,  how  to  read  it. 


144  TESTIMONY   OF   JAMES   C.    JEPSON. 

Q.  Did  you  make  experiments  with  him?     A.  Yes,  sir. 

Q.  Where  ;  at  the  laboratory  of  the  School  of  Mines  ?  A.  At 
his  house. 

Q.  How  many  tests  did  you  make  in  the  country  ?  A.  109 
cows. 

Q.  Did  you  see  the  milk  taken  from  them  ?  A.  In  most  cases  I 
saw  the  cows  milked  myself. 

Q.  In  any  of  these  cows  that  you  saw  milked  of  the  109  did  the 
milk  fall  below  100  on  the  lactometer?  A.  The  lowest  milk  I  found 
by  the  lactometer  was  102. 

Q.  "Were  those  on  farms  that  sent  milk  to  the  city  ?  A.  They 
were  on  milk  dairy  farms. 

Q.  Have  you  known  the  defendant  Daniel  Schrumpf  ?  A.  I  saw 
the  gentleman  once  at  his  place  of  business. 

Q.  You  inspected  his  milk  ?     A.  I  did  once. 

Q.  When  was  that  ?     A.  I  think  it  was  in  October,  1875. 

Q.  With  the  lactometer  ?     A.  Yes,  sir. 

Q.  And  the  thermometer  ?  A.  No,  sir ;  I  won't  be  positive 
about  that. 

Q.  What  did  you  find  ? 

(Objected  to  011  the  ground  that  the  defendant  is  on  trial  for  a 
specific  offence.) 

Mr.  PRENTICE — I  want  to  show  that  before  this  time  the  same 
inspection  was  made  at  his  place  in  the  same  way. 

The  COURT — And  the  milk  found  to  be  watered  ? 

COUNSEL — Yes,  sir  ;  if  the  method  was  shown  and  if  he  followed 
it  and  was  able  to — 

The  COURT — I  admit  that  the  question  may  present  some  diffi- 
culty ;  you  probably  have  not  had  experience  enough  in  criminal 
law  to  see  how  nice  a  one  it  is  ;  I  will  rule  out  the  evidence. 

Cross-examined : 

Q.  What  is  your  trade  ?     A.  Before  I  was  on  the  Police  ? 

Q.  Yes,  sir  ?     A.  I  am  a  currier  by  trade. 

Q.  You  never  have  received  a  chemical  education,  have  you  ?  A. 
No,  sir. 

Q.  When  you  visited  Schrumpf  s  place  in  October,  in  1875,  did 
you  have  a  thermometer  with  you  ?  A.  I  did  not. 


TESTIMONY  OF  JAMES  C.  JEPSON.  145 

Q.  You  say  you  have  sampled  10,000  cans  of  milk  with  the 
lactometer ;  to  about  how  many  of  those  did  you  apply  the 
thermometer  ?  A.  I  should  judge  four  or  five  thousand. 

Q.  I  suppose  that  is  the  last  four  or  five  thousand  ?  A.  Yes, 
sir. 

Q.  "Within  how  long  a  period  did  you  sample  all  this  milk  ?  A. 
Nearly  eighteen  months. 

Q.  Was  it  all  pure  milk  ?     A.  I  should  judge  not. 

Q.  I  suppose  you  do  not  know  whether  it  was  pure  milk  or  not  ? 
A.  Nothing  further  than  what  the  lactometer  explained. 

Q.  You  didn't  see  it  milked?     A.  No,  sir. 

Q.  When  were  you  first  instructed  in  the  use  of  the  thermom- 
eter in  connection  with  the  lactometer  ?  A.  I  think  it  was  in  July, 
1875. 

Q.  Mr.  Jepson,  can  you  state  at  what  specific  gravity  the  100 
mark  of  the  lactometer  you  used  stood?  A.  1.029  by  the  hydro- 
meter. 

Q.  Did  you  verify  the  lactometer  that  you  used  ?  A.  I  did 
not. 

Q.  Do  you  know  this  lactometer  that  you  used  to  have  been  cor- 
rect in  specific  gravity  at  any  one  point  ?  A.  So  far  as  I  was  taught, 
'no  further. 

Q.  Do  you  know  it  to  have  been  ?  A.  Not  of  my  own  know- 
ledge. 

Q.  Who  did  you  get  the  lactometer  from  ?     A.  Dr.  Chandler. 

Q.  He  gave  it  you  ?     A.  Yes,  sir. 

By  Mr.  PRENTICE — Q.  The  President  of  the  Board  of  Health  ? 
A.  Yes,  sir. 

COUNSEL — I  move  to  strike  out  so  much  of  this  gentleman's  testi- 
mony as  relates  to  making  tests  of  milk  by  means  of  the  lactome- 
ter ;  that  he  sampled  10,000  cans  of  milk  by  the  lactometer,  on  the 
ground  that  he  is  not  an  expert. 

The  COURT — I  will  decline  to  strike  that  out. 

COUNSEL — I  except  to  that;  I  move  to  strike  out  so  much  of  his 
evidence  as  relates  to  the  tests  of  milk  made  by  him  with  the  lac- 
tometer that  covers  the  country  milk. 

The  COURT — I  won't  strike  that  out. 

COUNSEL — I  except  to  that. 


146  TESTIMONY  OF  JOSEPH  A.   GAEDNEB. 

JOSEPH  A.   GARDNER,    sworn   and  examined  by  Mr.  Prentice,  testi- 
fied as  follows  : 

Q.  Officer  Gardner,  you  are  a  member  of  the  Police  Force  of  this 
city,  are  you?  A.  I  am,  sir. 

Q.  And  you  were  for  several  years  in  the  Sanitary  Squad  of 
Police  ?  A.  I  was. 

Q.  And  were  detailed  for  milk  inspections  ?     A.  Yes,  sir. 

Q.  And  were  provided  with  the  lactometer  by  the  Board  of 
Health  ?  A.  I  was. 

.  Q.  And  you  had  a  thermometer  from  the  Board  of  Health  ?    A.  I 
had,  sir. 

How  many  milk  inspections  did  you  make  ? 

(Objected  to  on  the  ground  that  he  is  not  an  expert ;  question 
withdrawn.) 

Q.  Did  you  have  any  instruction  or  training  in  the  use  of  the 
lactometer  in  the  inspection  of  milk  before  you  began  that  duty  ? 
A.  I  did,  sir. 

Q.  Where  ?  A.  At  Dr.  Chandler's  house  and  also  at  the  Colum- 
bia College  laboratory. 

Q.  Are  you  familiar  with  the  inspection  of  milk  in  this  city  ? 

(Objected  to  ;  objection  overruled  ;  exception.) 

A.  I  am. 

Q.  Did  you  make  any  tests  of  cow's  milk  on  dairy  farms  that  send 
milk  to  the  city  ? 

(Same  objection  and  exception.) 

A.  I  did,  sir. 

Q.  How  many  ?     A.  About  110  different  cows'  milk. 

Q.  And  did  you  take  the  temperature  and  try  them  with  the 
Board  of  Health  lactometer  ?  A.  I  did,  sir. 

Q.  What  temperature  ?     A.  At  60  Fahr. 

Q.  And  did  you  find  any  cow's  milk  that  fell  below  100  on  the 
lactometer  ?  A.  Never. 

Q.  Not  one  ?     A.  Not  one. 

Q.  Were  you  with  the  last  witness  ?  A.  He  and  I  were 
together  and  seen  the  cows  milked,  and  cooled,  etc. 

Q.  Do  you  know  the  defendant,  Daniel  Schrumpf  ?  A.  I  know 
his  place  ;  I  am  familiar  with  his  countenance. 


TESTIMONY   OF  JOSEPH  A.    GARDNER.  14:7 

Q.  Have  you  inspected  milk  there  ? 

(Objected  to  as  irrelevant.) 

A.  I  have. 

Mr.  PRENTICE — I  offer  to  show  that  on  two  occasions  this  officer 
in  his  tour  of  duty  of  milk  inspection 

COUNSEL — We  submit  that  any  statements  of  this  kind  are  highly 
improper  in  a  jury  trial. 

By  Mr.  PRENTICE — Q.  Have  you  visited  the  place  of  the  defendant 
and  inspected  his  milk,  and  found  it  adulterated  with  water,  on 
January  20,  1875,  and  again  on  January  25,  1876  ? 

(Objected  to  ;  objection  sustained.) 

Mr.  LAWRENCE — I  ask  your  Honor  to  say  to  the  jury  that  that 
ought  not  to  have  the  slightest  effect  upon  their  minds. 

The  COURT — I  will  say  so. 

4 

Cross-examined : 

Q.  Mr.  Gardner,  you  say  you  have  several  years'  acquaintance 
with  the  business  of  inspecting  milk ;  when  did  you  begin  that  ? 
A.  I  began  that  in  December,  1874. 

Q.  When  did  you  finish  ?  A.  About  the  latter  part  of  May, 
1876. 

Q.  Then  you  have  had  several  years'  experience  ?  A.  I  did  not 
say  several  years. 

Q.  What  did  you  say  ?  A.  The  gentleman  asked  me  if  I  had 
been  several  years  in  the  police  department,  but  not  inspecting 
milk. 

Q.  These  110  cows  whose  milk  you  tested  with  the  lactometer  ; 
did  you  see  all  those  cows  milked?  A.  I  did,  sir. 

Q.  You  know  it  was  pure  milk  ?     A.  I  do. 

Q.  Were  these  cows  in  a  normal  or  abnormal  condition  ?  A. 
They  were  in  a  normal  condition. 

Q.  What  disease  were  they  suffering  from  ? 

(Objected  to.) 

A.  I  beg  pardon,  I  will  put  my  answer  ;  they  were  in  a  healthy 
condition. 

Q.  How  do  you  know  that  they  were  ?  A.  By  the  appearance 
of  them. 

Q.  Did  you  make  any  examination  to  discover  ?     A.  I  did,  sir. 


148  TESTIMONY  OF  JOHN  B.  YALE. 

Q.  What  examination?  A.  I  saw  them  all  eating  healthy, 
while  they  were  getting  milked. 

Q.  When  did  you  first  begin  the  use  of  the  thermometer  ?  A.  I 
could  not  say  positively,  but  I  should  think  it  was  at  the  same  time 
that  my  associate  commenced. 

Q.  Do  you  recollect  the  case  of  John  Kneib,  whose  milk  you 
tested  in  the  month  of  August,  1875,  and  who  was  tried  at  the  Court 
of  Special  Sessions,  and  convicted  of  keeping  for  sale  adulterated 
milk,  whose  conviction  was  reversed  ;  were  you  present  at  that  trial? 
A.  I  was. 

Q.  At  that  time  were  you  familiar  with  the  principles  on  which 
the  lactometer  worked  ?  A.  I  was. 

Q.  Do  you  recollect  that  at  that  trial  I  asked  you  the  question : 
"l  Do  you  know  the  principles  upon  which  this  lactometer  operated  ", 
and  did  you  answer,  "No,  sir;  nothing  more  than  I  have  heard"? 
A.  Well,  I  could  not  use  it  without  I  knew  how  it  operated. 

Q.  Do  you  recollect  that  question  and  answer  ?     A.  I  do  not. 

Q.  Were. you  asked  that  question  and  did  you  make  that  answer? 
A.  I  do  not  know,  sir. 

Q.  Do  you  recollect  that  in  the  case  of  Kneib,  in  the  month  of 
August,  1875,  you  made  the  same  test  to  the  milk  standing  on  the 
sidewalk  that  you  did  to  the  milk  standing  in  the  ice-box,  and  that 
you  used  the  thermometer  in  another  case  ? 

(Objected  to  as  immaterial  ;  objection  sustained  ;  exception.) 

Q.  In  August,  1875,  did  you  test  milk  without  a  thermometer  ? 
A.  I  could  not  say  positively  without  I  referred  to  my  book. 


FRIDAY,  December  22,  1876. 
JOHN  R.  YALE,  sworn  and  examined  by  Mr.  PRENTICE,  testified  : 

Q.  You  are  a  resident  of  this  city,  Mr.  Yale  ?     A.  Yes,  sir. 

Q.  You  have  the  sample  of  milk  taken  by  you  from  a  cow 
to-day,  a  fair  average  sample  of  the  milk  of  that  cow  ?  A.  Yes,  I 
have. 

Q.  State  where  you  got  it  and  how  you  got  it  ?     A.  I  got  it   in 


TESTIMONY  OF  JOHN  K.  YALE.  149 

Bayard  street,  I  think  the  second  door  east  of  Baxter  on  the  south 
side,  where  there  was  one  cow  kept ;  I  milked  it  myself. 

Q.  Did  you  milk  her  yourself  dry  ?  A.  Yery  near  dry  ;  I  suppose 
I  milked  her  dry. 

Q.  Did  you  get  out  all  you  could  ?     A.  Yes,  sir. 

Q.  And  then  did  you  take  this  sample  from  the  milk  you  got? 
A.  I  did. 

Q.  So  that  it  is  a  sample  of  the  whole  ?     A.  Yes,  sir. 

Q.  There  were  several  quarts  were  there  ?  A.  About  two  and  a 
half  quarts. 

Q.  You  took  this  from  that  ?     A.  Yes,  sir. 

By  the  COURT — Q.  From  the  whole  quantity  that  you  milked? 
A.  Yes,  sir. 

By  Mr.  PRENTICE — Q.  Do  you  know  what  the  cow  was  fed  on? 
A.  She  was  eating  hay  and  meal  in  the  tub  where  there  had  been 
meal. 

Q.  Had  you  been  there  before  and  told  the  people  you  were 
coming?  A.  No,  sir. 

COUNSEL — I  object  to  this. 

Mr.  PRENTICE — My  sole  object  is  to  identify  the  sample  of  milk 
taken  from  a  cow  in  the  City  of  New  York  this  morning,  so  that  we 
may  have  one  instance  of  genuine  milk  actually  in  court  to-day. 
I  desire  to  make  this  quart  of  milk  an  exhibit. 

COUNSEL — For  what  purpose  ? 

Mr.  PRENTICE — For  such  a  purpose  as  we  may  offer  it^-simply  to 
identify  this  exhibit ;  I  desire  to  make  a  test  of  it. 

COUNSEL — If  they  will  admit  that  the  milk  which  was  taken  at 
the  defendant's  store  as  they  claim  was  city  cow's  milk,  we  have  no 
objection  to  this  statement. 

The  COURT — If  you  propose  to  follow  this  up  by  other  evidence 
as  to  the  test  of  the  milk  I  will  receive  it. 

By  COUNSEL — Q.  All  the  milk  you  got  from  this  cow  at  this  milk- 
ing was  two  quarts  and  a  half?  A.  I  should  judge  it  was  as  much 
as  two  quarts  and  a  half. 

Q.  When  did  you  milk  her  do  you  say  ?     A.  This  morning. 

Q.  "What  was  the  condition  of  the  cow  ?  A.  The  cow  was  in  fair 
condition. 


150  TESTIMONY   OF   JOSEPH   T.    O'CONNOR. 

By  the  COURT — Q.  Did  the  cow  appear  to  be  healthy  ?  A.  Yes, 
sir. 

By  Mr.  LAWRENCE — Q.  How  do  you  know  she  was  healthy  ?  A. 
She  appeared  to  be. 

JOSEPH  T.  O'CONNOR,  sworn  and  examined,  testified  as  follows  : 

Q.  Dr.  O'CONNOR,  you  are  one  of  the  Inspectors  of  the  Board  of 
Health,  are  you?  A.  Yes,  sir. 

Q.  And  have  been  for  some  time  engaged  in  the  inspection  of 
milk  in  the  city,  and  have  also  made  some  other  tests  ?  A.  Yes, 
sir. 

Q.  There  was  reference  upon  the  examination  of  Dr.  Chandler 
to  an  instance  of  a  cow  reported  among  those  which  he  had 
considered  whose  milk  stood  at  88  on  the  lactometer,  and  there  were 
two  cows  reported  at  96  and  98;  did  you  know  the  condition  of  those 
cows  ?  A.  I  did,  sir. 

Q.  Healthy  or  unhealthy?     A.  They  were  unhealthy. 

Q.  Did  you  make  this  inspection  of  the  sick  cows  of  your  own 
motion,  or  state  how  you  made  it  ?  A.  T  was  told  that  such  a  cow 
was  sick.  I  refused  to  take  the  milk  of  a  certain  cow  on  the 
ground  that  it  was  sick,  and  the  next  day,  when  I  was  making  a 
morning  inspection  to  oblige  the  superintendent  of  the  farm,  as  a 
matter  of  curiosity  for  him,  I  did  take  the  specific  gravity  of  that 
milk,  and  that  was  reported  as  a  curiosity  also,  a  mere  matter 
of  interest  to  the  Board  outside  the  regular  tabulated  statement  of 
the  cows. 

(Objected  to  ;  objection  overruled  ;  exception.) 

Q.  Do  you  know  the  condition  of  the  cow,  and  what  was  it  ? 
A.  That  cow  I  see  noted  to  be  an  unhealthy  cow. 

Q.  The  one  at  96  ?  A.  The  one  at  96  ;  I  saw  but  yesterday, 
when  my  attention  was  drawn  off  to  something  else ;  I  could  not  say 
at  this  time  ;  I  cannot  recollect,  as  it  were,  the  picture  of  that  cow 
in  my  memory,  so  that  I  cannot  say  now  that  I  remember,  but  my 
memory  is  that  I  saw  it  and  understood  sufficiently  well  that  it  was 
an  unhealthy  cow. 

Q.  Did  you  report  it  as  sick  or  healthy  ?  A.  I  reported 
that  also  as  a  sick  cow  outside  the  tabulated  statement  that  I  made. 

Q.  How  many  samples  of  milk   did   you  examine  on  the  farms. 


TESTIMONY  OF  JOSEPH  T.   O'CONNOR.  151 

and  different  dairies  at  different  times  and  when  ?  A.  I  examined 
in  June  and  July,  114  cows,  duplicating  the  observations  on  some  of 
them,  so  that  in  that  time,  if  my  impression  serves  me  rightly,  I 
made  133  observations  ;  in  the  month  of  September  following,  I 
examined  also  31  cows,  and  in  addition  these  other  cows  which  I 
have  spoken  of. 

Q.  You  mean  the  milk  of  the  cows  ?    A.  Yes,  sir. 

By  the  COURT — Q.  When?     A.  This  present  year. 

Q.  This  last  year  ?     A.  Yes,  sir. 

By  Mr.  PRENTICE — Q.  How  were  your  examinations  made  ?  A. 
They  were  made  with  the  lactometer  furnished  me  by  the  Board 
of  Health,  and  the  thermometer  also  furnished  me  by  the  Board  of 
Health. 

Q.  Did  you  know  the  lactometer  to  have  been  adjusted  ? 
A.  Yes,  sir. 

Q.  At  what  standard  ?  A.  It  was  adjusted  to  the  standard  of 
1.029  of  specific  gravity,  equalling  the  100  mark  on  the  lactometer. 

Q.  At  what  temperature  was  the  milk?  A.  I  examined  the 
milk  in  all  cases  at  a  temperature  of  60  degrees,  with  the  exception 
of  the  last  place  which  I  have  stated  ;  this  statement  of  31  cows 
where  the  milk,  in  consequence  of  the  difficulty  of  not  being  able  to 
get  water  sufficiently  cold  to  cool  it  down  rapidly  to  60  was  taken 
at  about  62. 

Q.  What  scale,  what  degree  did  it  reach  in  these  thirty-one  cows  ? 
A.  In  these  thirty-one  cows  it  was  all  above  100  excepting  these  two 
cases. 

Q.  How  were  the  other  cases  ?  A.  The  previous  cases  amount- 
ing to  133  out  of  the  whole  number  I  had  three  cases  below  100  on 
this  lactometer. 

Q.  What  month  was  that  ?    A.  Those  three  cows  were  all  in  July. 

Q.  What  time  in  July  ?  A.  The  first  specimen  was  taken,  I 
think,  upon  July,  the  1st  or  2d,  I  have  forgotten ;  I  could  refer  to 
the  book,  if  necessary. 

Q.  What  was  the  weather,  and  the  pasture  then  ?  A.  The 
weather  was  intensely  hot,  and  pasture  was  dried  up  or  nearly  so. 
The  other  two  cases  were  taken  about,  if  my  memory  serves  me 
right,  ten  days  later.  The  heat  had  been  increasing  I  may  say,  and 
the  pasture  was  of  course  in  a  much  worse  condition. 


152  TESTIMONY   OF  JOSEPH   T.    O  CONN  OK. 

Q.  What  was  the  reading  of  these  three  exceptional  cases  ? 
A.  One  was  96,  one  was  95,  and  one  was  93. 

By  the  COUKT — Q.  Were  these  cows  in  pasture  ?  A.  They  were 
with  the  regular  herd  ;  of  course  they  were  milked  under  my  obser- 
vation. 

Q.  Was  there  running  water  in  the  field  ?  A.  The  springs  had 
dried  up,  and  they  had  to  go  a  distance  for  water ;  but  whether  the 
water  was  in  their  own  field  or  whether  they  were  allowed 
to  go  out  at  certain  times  to  get  water,  I  of  course  could  not  say. 

By  Mr.  PEENTICE—  Q.  Have  you  ever  known  the  milk  of  a  sound 
healthy  cow,  in  a  normal  state,  under  normal  circumstances,  to  fall 
below  that  rate  ?  A.  No,  sir,  I  have  not. 

Q.  Below  100  on  the  lactometer  at  this  degree  ?  A.  Yes,  sir,  not 
below  100. 

Q.  Have  you  tabulated  the  tests  made  by  all  the  inspectors  of  the 
Board  of  Health  at  the  dairy  farms  of  single  cows  ?  A.  I  have 
tabulated  all  the  observations  as  published,  and  in  addition  I  have 
tabulated  a  report  of  mine,  which  has  not  yet  been  published,  but 
have  not  tabulated  all,  for  the  reason  that  four  or  five  cows  taken 
by  Dr.  White,  were  not  in  my  possession  at  the  time  I  made  up  the 
table. 

Q.  Were  they  city  cows  or  country  cows  ?  A.  I  believe  they 
were  city  cows  ;  I  am  not  in  a  position  to  know  ;  the  country  cows 
I  examined  all.  The  average  result  of  the  observations,  excluding 
the  four  cows  that  were  found  altogether,  was  109.8.  I  beg  pardon; 
I  should  say  including  those  four  cows,  the  average  result  was  109.8  ; 
excluding  those  four  cows,  the  result  established,  the  average 
observation,  was  109.9. 

Q.  How  many  cows?  A.  Aggregate  number,  including  the  four 
sick  cows,  was  401. 

Q.  On  all  these  tests  of  cows  at  the  dairy  farms,  including  the 
four  sick  cows,  with  the  thermometer  marking  a  temperature  of  60 
Fahr.,  the  average  degree  upon  the  lactometer  was  109.8?  A.  If  you 
will  allow  me  to  make  one  correction  which  has  partly  been  shown 
by  what  I  have  already  said.  It  is  substantially  correct,  that  is  to 
say,  there  were  thirty-one  cows  in  which  almost  all  were  taken  at  a 
temperature  of  62,  I  mean  the  milk  of  cows,  some  a  trifle  over,  but 
when  the  lactometer  showed  me  a  sufficient  amount  I  certainly  did 


TESTIMONY  OF  JOSEPH  T.  O'CONNOE.  153 

not  want  to  bother  myself.  It  was  early  in  the  morning,  dark  and 
all  that  sort  of  thing,  I  just  hurried  through  it.  In  the  other  state- 
ments published  there  were  some  cows  taken  by  some  observers 
wherein  the  thermometer  was  a  little  lower  than  60,  perhaps  a 
dozen.  With  that  correction  the  statement  is  as  you  have  it. 

Q.  Doctor,  will  you  be  good  enough  to  take  your  thermometer 
and  lactometer  and  tube  and  this  exhibit  of  genuine  cow's  milk 
taken  this  morning  and  test  this  sample  of  milk  ;  what  is  the  tem- 
perature ?  A.  It  stands  108  in  a  temperature  at  65. 

Q.  Is  the  high  temperature  for  or  against  the  test  ?  A.  If  the 
milk  were  cooled  to  60  it  would  stand  somewhat  higher,  how  much 
it  is  impossible  to  say  without  going  through  a  series  of  experi- 
ments. 

Q.  Will  you  be  good  enough  to  pour  out  a  part  of  that  milk  into 
the  pail,  again  fill  it  up  with  water  and  pour  out  about  a  quart  of  it  ? 

A  JUKOB — I  want  to  have  determined  for  the  jury  the  effect  of 
immersing  the  lactometer  to  show  the  number  of  degrees  of  differ- 
ence, if  any,  that  that  would  make  ;  also  'the  other  question  is  with 
regard  to  the  handling  of  the  lactometer  or  hydrometer  by  a  per- 
son who  does  not  understand  anything  about  the  principle  of  the 
instrument. 

Mr.  PRENTICE — Perhaps  it  would  be  a  better  answer  if  we  should 
take  one  of  these  gentlemen  who  never  made  an  observation  before. 
Will  you  be  good  enough  to  test  it  ?  (Speaking  to  the  interpreter 
of  the  Court.) 

INTERPRETER — The  thermometer  is  65  ;  it  went  down  to  about  95 
and  now  stands  at  107. 

Q.  Now  wait  till  it  settles  ;  read  it  again  without  wiping  off? 
A.  It  now  stands  at  105  ;  I  never  in  my  life  made  use  of  the  lacto- 
meter before. 

Q.  Haven't  you  studied  chemistry  ?  A.  I  have  been  somewhat 
conversant  with  it  about  30  years  ago. 

By  Mr.  PRENTICE — Q.  Now,  Dr.  O'Connor,  if  you  will  take  out 
those  instruments  so  that  it  will  be  about  one  part  water  and  three 
parts  milk. 

(Objected  to.) 

Mr.  PRENTICE  -  The  question  was  asked  by  a  juror  upon  which  I 
understand  we  substantially  agree,  namely,  whether  any  person  of 


154  TESTIMONY  OF  JOSEPH  T.    O'CONNOB. 

ordinary  intelligence  may  be  instructed  to  use  the  lactometer  and 
observe  its  results  correctly  without  understanding  the  scientific 
principle  upon  which  it  is  made. 

Mr.  LAWBENCE — "We  agree  that  that  can  be  done,  but  we  suppose 
that  if  the  instrument  was  constructed  inaccurately  or  badly  the 
results  would  mislead  the  person  instructed. 

WITNESS — The  temperature  is  here,  as  I  take  it,  sixty-three  and 
a  half ;  the  temperature  has  gone  down  because  some  cold  water 
has  been  added ;  we  now  let  it  come  to  rest ;  I  shall  read  it  as  stand- 
ing at  85. 

A  JUBOB — What  per  cent,  of  added  water  ? 

Mr.  PBENTICE — 33  per  cent,  of  added  water. 

WITNESS — It  has  gone  down  since  I  read  it  to  83  ;  in  an  exami- 
nation of  this  kind  where  we  are  looking  around  for  so  many  things 
at  once  we  do  not  have  our  minds  directed  to  the  business  entirely. 

By  Mr.  LAWBENCE — Q.  Do  I  understand  25  or  33  per  cent,  was 
added  ?  A.  33  per  cent,  of  water  was  added,  but  in  the  mixture 
there  is  only  25  per  cent,  of  course. 

MB.  PBENTICE — Pour  the  milk  back  into  the  broad  cylinder ;  now  I 
wish  you  would  take  these  two  lactometers  and  put  one  in  each  vessel? 
This  is  the  pure  milk,  that  is  to  say  it  ought  to  be  if  it  came 
from  the  cow  ;  I  desire  you  to  withdraw  the  lactometer  from  each  of 
those  vessels  and  let  the  jury  see  whether  or  not  there  is  a  differ- 
ence in  the  appearance  of  the  milk  as  it  runs  off  the  lower  bulb  in 
the  color  and  the  appearance ;  hold  it  up,  please,  both  together  ? 
(The  witness  did  so.) 

Q.  Is  that  one  of  the  observations  that  you  make  in  examining 
the  milk,  to  see  the  manner  in  which  it  runs  off,  to  see  the  bulb  ? 
A.  It  is  always. 

Cross-examined  : 

Q.  Dr.  O'Connor,  if  that  milk  had  contained  an  addition  of  but 
15  per  cent,  of  water  would  you  still  have  been  able  to  notice  the 
difference  in  the  color  of  the  two  fluids,  the  pure  milk  and  the  one 
containing  15  per  cent,  of  water  ?  A.  If  any  one  specimen  of  milk 
be  adulterated  with  15  per  cent,  of  water  I  certainly  think  I  could 
cell  the  difference. 


TESTIMONY  OF  JOSEPH  T.   O'CONNOB.  155 

Q.  What  would  the  difference  in  appearance  be  between  pure 
milk  and  the  sample  containing  the  adulteration  of  15  per  cent,  of 
water;  how  would  you  detect  it?  A.  I  would  detect  it  by  the  differ- 
ence in  color ;  I  could  not  tell  how  much,  it  is  impossible  to  grade  it. 

Q.  Would  it  be  clearly  perceptible  ?     A.  I  think  it  would. 

Q.  If  you  can  tell  anything  about  the  contents  of  these  bottles 
by  any  examination  you  choose  to  make,  I  would  like  you  to  do  so, 
and  state  the  difference  in  the  ingredients  ?  A.  Is  one  of  them  milk 
and  the  other  watered  milk  15  per  cent.  ? 

Q.  That  is  what  I  want  you  to  find  out  ? 

(Objected  to  unless  the  bottles  offered  by  the  counsel  are  milk.) 

Mr.  LAWRENCE — I  have  stated  that  I  propose  to  prove  what  the 
fluid  is. 

Mr.  PRENTICE — We  are  entirely  willing  that  any  bottles  of  sam- 
ples of  pure  genuine  milk  should  be  submitted  to  the  test. 

By  Mr.  LAWRENCE — Q.  In  case  a  person  of  ordinary  intelligence 
who  had  been  sufficiently  instructed  in  the  use  of  the  lactometer  to 
enable  him  to  use  it  properly  used  a  lactometer  which  was  impro- 
perly constructed  or  which  contained  mechanical  defects,  would  not 
that  mislead  him  ?  A.  It  would  mislead  anybody  using  the  lacto- 
meter who  did  not  know  the  defects,  and  only  so  far  as  those  defects 
would  mislead  any  one. 

Q.  Can  a  person  of  ordinary  understanding  detect  whether  a 
lactometer  contains  mechanical  defects  V  A.  For  instance  mechani- 
cal defects  may  be  in  gradation,  and  a  small  degree  of  difference,  could 
not  be  told  by  a  person  who  had  not  at  least  some  acquaintance 
with  the  instrument  and  its  uses ;  there  are  other  mechanical  de- 
fects, for  instance  the  vessel  in  which  the  liquid  is  to  be  put  to  be 
tried  with  the  lactometer  should  give  sufficient  play  between  its 
walls  to  allow  free  motion  up  and  down ;  things  of  that  kind  I  think 
could  be  told  by  a  person  having  a  certain  amount  of  ordinary  gen- 
eral knowledge. 

Q.  Does  not  the  verification  or  test  of  the  correctness  of  the 
lactometer  involve  a  scientific  process  ?  A.  It  does. 

Q.  One  of  some  difficulty,  does  it  not  ?  A.  It  is  simply  a  ques- 
tion of  the  acuteness  of  the  senses  ;  it  requires  some  little  delicacy 
to  calculate  ;  that  is  all  that  I  can  see. 

Q.  Is  that  test  one  that  can  be    applied  by   anybody  ?     A.  It  is 


156  TESTIMONY  OF  JOSEPH   T.    o'CONNOE. 

applied  by  any  one  who  can  do  those  things,  who  happens  to  pos- 
sess the  apparatus  necessary  for  the  purpose. 

Q.  What  apparatus  does  it  require  ?  A.  It  would  require  a 
moderately  accurate  balance  and  a  good  specific  gravity  bottle — 
indeed  we  can  have  any  bottle,  but  it  should  be  accurate  in  its  fit- 
tings, that  is  all. 

Q.  Will  you  state  as  to  the  cows  which  you  examined  in  the 
country  last  summer,  and  the  examinations  which  were  tabulated 
in  the  report  published  in  the  City  Record  on  the  17th  of  August — 
whether  those  are  not  to  a  large  extent  the  same  cows  that  were 
examined  by  Dr.  J.  Blake  White  ?  A.  No,  sir  ;  and  to  no  extent ;  there 
is  not  a  duplication  there  of  any  one  of  Dr.  White's  cows  as  far  as 
I  know  and  believe. 

Q.  Are  you  quite  certain  ?     A.  I  am  quite  certain. 

Q.  Did  not  Dr.  White  accompany  you  ?     A.  He  did,  sir. 

Q.  But  he  made  no  report  of  the  cows  examined  by  you  ?  A. 
No,  sir. 

Q.  Nor  you  of  his  ?     A.  That  is  it  exactly. 

Q.  I  read  from  your  report  of  Dairy  B,  Orange  county,  "  Alexan- 
der Thompson,  Turner's  Station,  June  30,  afternoon,  July  1st,  morn- 
ing, 13  cows  were  examined  ; "  was  that  correct  ?  A.  Yes,  sir. 

Q.  I  read  from  Dr.  White's  report  No.  2,  Farm  of  Alexander 
Thompson,  Turner's  Station,  June  30,  P.  M.,  and  July  1st,  A.  M.,  1876, 
13  cows  examined?  A.  Yes,  sir. 

Q.  Are  not  those  13  cows  the  same  as  you  examined  ?  A.  No, 
sir ;  that  is  to  say,  I  have  of  course,  not  being  able  to  recognize  the 
animals  as  I  would  men,  I  have  to  go  by  the  designations  given 
to  the  animals  by  the  proprietor  or  superintendent  of  the  farm,  the 
grotesque  and  odd  names  that  are  given  sometimes  by  the  owners  or 
by  the  milkers  ;  the  cows  seem  to  have  certain  milkers  ;  this  enables 
us  to  separate  them,  and  those  tjiat  are  duplicated  in  that  report  I 
recognize  by  the  names  which  are  given  in  my  record  book. 

A.  Are  there  any  which  are  duplicated  in  those  two  ?  A.  No, 
sir ;  not  any  ;  yon  will  find  some  of  my  own  duplicates  in  the 
Alexander  Thompson  dairy. 

Q.  Do  I  understand  you  correctly  that  13  cows  were  examined 
by  him  at  Alexander  Thompson's  dairy,  and  13  by  you  ?  A.  Yes, 


TESTIMONY   OF  JOSEPH  T.   o'CONNOB.  157 

sir ;  we  were  there  together ;  I  would  pick  out  certain  cows,  and  he 
would  be  off  in  another  direction. 

Q.  How  largely  does  the  milk  of  a  cow  ordinarily  differ  in 
specific  gravity  between  morning  and  evening  ?  A.  That  I  am 
unable  to  say ;  I  have  made  some  observations,  but  I  am  unable  to 
adduce  results  ;  I  have  made  some  readings  and  from  these  readings 
I  am  unable  to  deduce  results. 

Q.  There  is  a  very  considerable  difference  often,  is  there  not  ? 
A.  So  it  is  stated. 

Q.  Is  it  not  so  from  your  own  knowledge  ?  A.  I  tell  you  that  I 
have  seen  such  discordant  results  on  that  point,  such  a  difference  be-, 
tween  morning  milk  and  night  milk  on  the  one  hand,  and  vice  versa, 
that  I  am  unable  to  say  that  there  is  any  specific  general  difference. 

Q.  In  making  a  test  of  milk  in  this  city,  do  you  inquire  first  of 
dealers  when  using  the  lactometer  whether  it  is  morning's  or  even- 
ing's milk  ?  A.  I  do  not. 

Q.  Is  there  not  a  considerable  difference  in  gravity  between  the 
first  half  of  the  milk  that  comes,  from  the  cow,  and  the  last  half  ? 
A.  Yes,  sir  ;  so  it  is  stated. 

Q.  Is  it  not  a  fact?     A.  It  is  a  fact. 

Q.  Can  you  state  about  what  difference  that  generally  is  or  state 
within  what  limits  it  consists  ?  A.  I  would  not  like  to  limit  upon 
any  such  thing  as  that,  the  first  and  the  second  portion  of  milk ;  it 
would  be  impossible  for  me  to  give  an  answer  to  that  question. 

Q.  Would  you  say  a  difference  of  ten  degrees?  A.  I  would  not 
mention  any  number  of  degrees. 

Q.  In  these  examinations  made  by  you  of  cattle  in  the  country 
did  you  determine  that  they  were  healthy  cattle  ?  A.  I  did  not 
determine  that  they  were  healthy  cattle. 

Q.  "What  did  you  determine  about  that  ?  A.  Simply  that  they 
were  healthy  from  external  appearances — to  a  man  who  is  not  a 
veterinary  surgeon  apparently  healthy,  good-looking  animals,  as  ani- 
mals go. 

Q.  I  suppose  that  is  as  far  as  they  need  be  examined  ?  A.  I 
have  nothing  to  say  about  that. 

Q.  Did  you  hear-  the  testimony  of  Professor  Silliman  yesterday  ? 
A.  I  am  not  sure  that  I  heard  all  of  it;  I  know  I  heard  part  of  it. 
Q.  Did  you  hear  his  testimony  to  the  effect  that  the  gravities  of 


158  TESTIMONY  OF  JOSEPH  T.    O'CONNOK. 

milk  as  I  read  them  from  this  report  of  the  thirteen  cows  of  Dairy 
B,  Alexander  Thompson,  showed  an  abnormal  condition  of  the 
cattle  ?  A.  I  heard  him  say  that. 

Q.  Did  you  not  say  that  the  three  cows  which  yielded  milk  be- 
low 100  were  unhealthy  ?  A.  I  do  not  say  those  cows  as  such  were 
in  the  ordinary  sense  of  the  term  unhealthy  or  diseased  cows. 

Q.  What  was  their  condition  ?  A.  Their  condition  as  I  stated 
in  my  report,  in  a  period  of  intense  heat,  and  to  my  mind  improper 
food,  that  there  were  unhealthy  cows  there,  and  that  I  held  these  to 
be  unhealthy  from  the  fact  shown  in  my  report. 

Q.  If  these  three  cows  had  yielded  milk  that  stood  above  100 
by  the  lactometer  would  you  not  have  regarded  them  as  healthy  ? 
A.  I  would  not  have  said  anything  about  it ;  my  attention  would  not 
have  been  called  to  it. 

Q.  Was  there  anything  about  these  three  cows  except  the  low 
specific  gravity  of  their  milk  from  which  you  could  infer  that  they 
were  unhealthy  ?  A.  I  saw  these  cows  only  cursorily  ;  1  made  no 
examination  to  detect  that  fact,  only  from  my  knowledge  of  the 
general  influence  of  temperature  did  I  make  up  that  report  in  con- 
junction with  what  I  had  previously  learned,  studied,  and  observed 
as  regards  the  milk  of  healthy  cows. 

Q.  Then  you  won't  positively  swear  that  those  three  cows  were 
unhealthy  ?  A.  I  am  not  stating  that  they  were  in  a  diseased  state. 

Q.  Did  you  bestow  any  greater  examination  upon  the  other 
cows  than  you  did  upon  these  three?  A.  I  did,  sir. 

Q.  Why  did  you  except  those  three  from  the  examination  you 
gave  the  others  ?  A.  Which  others  do  you  mean  ? 

Q.  The  other  cows  that  you  examined  at  this  same  farm?  A. 
I  saw  all  the  cows,  they  were  simply  seen  in  general. 

Q.  You  stated  a  moment  ago  you  examined  the  other  cows  with 
more  particularity  ?  A.  I  alluded  to  other  cows  ;  I  misunderstood 
you. 

Q.  Did  you  bestow  any  greater  examination  upon  the  other  cows 
which  you  supposed  to  be  healthy  at  this  dairy  than  you  did  upon 
those  three  cows  you  have  stigmatized  as  being  unhealthy  ?  A.  No, 
sir. 

Q.  The  cows  you  examined  referred  to  in  this  report  were  of 
various  breeds,  were  they  not  ?  A.  Yes,  sir. 


TESTIMONY  OF  JOSEPH   T.    O'CONNOR.  159 

Q.  What  breed  of  cattle  ordinarily  gives  the  heaviest  specific 
gravity  of  milk  ?  A.  I  can  hardly  say  breed  ;  I  believe  what  are 
called  common  cows  give  heavier  milk. 

Q.  From  what  kind  of  cow  did  the  lightest  milk  you  examined 
come  ?  A.  That  I  am  unable  to  answer  ;  simply,  I  have  forgotten  ; 
the  report  will  show  and  with  that  to  refresh  me,  I  will  answer  it. 

Q.  Did  you  examine  any  cows  of  the  pure  Durham  breed  ?  A.  I 
examined  cows  that  were  told  to  me  by  the  superintendent  to  be  of 
pure  Durham  breed. 

Q.  I  find  in  your  report  that  one  cow  referred  to  in  the  dairy  of 
Thompson,  Dairy  C — I  am  now  referring  to  Isaac  Thompson — as 
having  been  a  pure  Durham  ;  is  that  correct?  A.  If  it  is  in  the  re- 
port it  is  just  as  given  to  me,  but  whether  she  was  pure  Durham  or 
not,  I  do  not  know. 

Q.  I  find  the  specific  gravity  of  the  milk  of  that  cow  stood  on 
July  10  at  93  ;  is  that  correct  ?  A.  That  statement  is  correct. 

Q.  You  visited  this  place  on  July  1st,  and  again  on  July  10th, 
did  you  not  ?  A.  Yes,  sir. 

Q.  State  the  difference  in  the  condition  of  the  cattle  on  the  two 
occasions  ?  A.  I  did  not  look  for  any  differences  and  of  course  did 
not  perceive  any. 

Q.  Do  you  think  from  what  knowledge  you  have  on  the  subject 
of  the  condition  of  these  cows  that  they  were  more  likely  to  be  un- 
healthy on  July  10th,  than  on  July  1st  ?  A.  That  is-  a  question  that 
could  not  be  answered  by  yes  or  no. 

Q.  Can  you  state  any  reason  for  supposing  the  condition  of  these 
cows  on  July  10th  to  have  been  different  from  what  it  was  on  July 
1st  ?  A.  There  might  have  been  reasons. 

Q.  Can  you  state  any?  A.  I  might  state  reasons  in  both  direc- 
tions why  they  might  have  been  worse  or  why  they  might  have 
been  better. 

Q.  Give  us  one  or  two  ?  A.  The  increase  of  the  temperature 
might  have  had  its  effect ;  some  animals  have  gotten  used  to  it  on 
the  one  hand  and  on  the  other  hand  animals  which  on  the  first  on- 
set of  the  hot  weather  were  not  affected  might  have  become  serious- 
ly affected  in  the  space  of  10  days. 

Q.  At  Dairy  C,  Isaac  Thompson,  I  find  that  on  July  1st  the  milk 
of  cow  No.  3  stood  at  96  ?  A.  Yes,  sir. 


160  TESTIMONY   OF  JOSEPH   T.    0' CONNOR. 

Q.  On  July  10th  it  had  risen  to  102?     A.  Yes,  sir. 

Q.  Referring  to  cow  No.  16  of  the  same  dairy,  I  find  that  on  July 
1st  it  stood  100,  and  on  July  10th  it  had  fallen  to  93  ?  A.  Yes,  sir. 

Q.  Can  you  give  any  explanation  of  those  two  variations  ?  A.  I 
think  my  answer  to  the  previous  question  covers  the  ground 
entirely. 

Q.  In  case  you  should  find,  say  half  a  dozen  of  samples  of  milk 
that  you  knew  to  be  pure,  which  came  from  healthy  well  fed  cows, 
and  a  specific  gravity  which  was  below  100  by  your  lactometer  when 
properly  used,  would  you  not  think  that  the  lactometer  as  at  present 
used  is  graduated  at  too  high  a  standard  ?  A.  May  I  ask  how  large 
a  number  of  cows  will  you  suggest  to  be  selected  for  this  ? 

Q.  Suppose  you  examined  the  cows  at  two  or  three  dairies  and 
found  them  all  to  be  healthy  and  well  fed  as  far  as  you  could  tell, 
and  found  that  one-third  of  those  cows  yielded  milk  which,  when 
properly  tested  at  a  proper  temperature,  was  below  100,  would  not 
you  think  that  the  standard  was  lower  ?  A.  I  hold  it  to  be  an  im- 
possibility. 

Q.  Suppose  that  occurred  ?  A.  I  should  look  for  evidence  of 
disorder,  of  some  abnormality  within  the  cow — some  condition  of 
food  or  otherwise  so  affecting  the  cow  as  to  make  this  change. 

Q.  Suppose  you  entirely  failed  to  find  it  and  found  that  the  cow 
was  giving  this  unusually  low  gravity  of  milk,  what  would  you  say  ? 
A.  I  would  be  sorry  that  my  efforts  had  not  been  more  successful 
to  find  out  the  cause. 

Q.  Do  not  you  think  that  the  lactometer  is  a  very  poor  test  to 
apply  practically  to  milk  in  a  large  city  for  the  purposes  for  which 
you  applied  the  test  ?  A.  No,  sir,  I  do  not. 

Q.  Do  you  regard  the  test  as  you  use  it  as  being  the  best  test  for 
the  purpose  ?  A.  The  best  test  for  the  purpose.  . 

Q.  Is  it  the  most  accurate  test  ?  A.  In  regard  to  determining  a 
quantity  less  than  say  5  per  cent,  of  water  it  is  not  as  accurate  as 
would  be  an  analysis,  but  in  determining  a  quantity,  say  more  than 
that — I  am  merely  giving  approximate  figures — it  is  to  me  just  as 
accurate,  provided  that  in  each  case  we  have  a  standard  from  which 
we  start. 

Q.  Suppose  the  lactometer  inserted  properly  at  the  right  tem- 
perature in  pure  milk  stands  at  120,  may  not  some  15  per  cent,  of 


TESTIMONY  OF  JOSEPH  T.   O'CONNOB.  161 

water  be  added  to  that  milk  without  the  lactometer  falling  below 
100  ?  A.  Is  the  case  supposed  of  milk  standing  at  120  gravity  ? 

Q.  Is  it  not  a  very  common  thing  for  milk  to  stand  at  120  ?  A.  It 
is  not  common  for  me  with  the  use  of  the  lactometer  to  find  milk 
standing  at  120. 

Q.  Do  you  not  very  often  find  skimmed  milk  stands  at  120  ? 
A.  I  do ;  not  very  often ;  I  find  considerable  quantities  of  skimmed 
milk,  but  the  question  asked  me  was  as  I  use  it. 

Q.  Where  have  you  made  tests  with  the  lactometer ;  at  what 
place  have  you  made  tests  of  milk  aside  from  tests  in  the  country 
and  at  milk  shops  in  the  city  ?  A.  I  have  tested  it  at  the  labora- 
tory of  the  School  of  Mines. 

Q.  Anywhere  else  ?  A.  Not  that  I  remember ;  I  hardly  get  the 
drift  of  your  question. 

Q.  How  many  milk  inspectors  are  there  in  the  Board  of  Health? 
A.  Two. 

Q.  Are  you  one  ?     A.  Yes,  sir. 

Q.  Have  you  never  tested  milk  with  the  lactometer  at  the  rail- 
road depots  in  this  city  ?  A.  Not  in  this  city. 

Q.  Do  you  know  whether  your  associate  has  ? 

(Objected  to.) 

Q.  I  understand  you  when  milk  stands  at  a  high  gravity,  say 
120,  that  a  considerable  quantity  of  water  may  be  added  to  it 
without  bringing  it  below  100,  may  it  not  ?  A.  A  certain  amount 
of  water. 

Q.  About  how  much?  A.  That  would  depend  entirely  upon 
some  other  conditions,  on  some  other  considerations. 

Q.  Do  not  you  think  the  application  of  the  lactometrical  test 
furnishes  an  incentive  to  milkmen  to  add  water  so  as  not  to  bring  it 
below  100  ? 

(Objected  to.) 

A.  I  have  no  opinion  about  it. 

Q.  Cannot  15  per  cent,  of  water  be  added  to  milk  which,  when 
pure,  is  120  without  bringing  it  below  100  ?  A.  It  might,  sir. 

Q.  Will  analysis  detect  the  addition  of  that  water  ?  A.  If  you 
would  adopt  a  standard  from  which  you  start  in  your  analysis. 

Q.  Will   analysis   detect  the  addition  of  that  water  ?     A.  Not 


162  TESTIMONY   OF  JOSEPH  T.    O'CONNOK. 

without  the  adoption  of  a  standard  by  which  you  can  compare  your 
analysis. 

Q.  Is  there  not  in  existence  a  standard  published  by  Professor 
Chandler?  A.  It  is  not  intended  for  any  such  purpose  ;  I  do  not 
know  that  Professor  Chandler  has  set  it  out  for  that  purpose. 

Q.  Do  not  you  know,  sir,  that  in  pure  milk  the  quantity  of  water 
varies  between  84  and  89  per  cent.  ?  A.  I  know  that,  and  I  know 
more  than  that,  that  it  varies  to  the  best  of  my  knowledge  within 
less  limits  than  that. 

Q.  Are  you  not  near  enough  with  that  knowledge  to  having  a 
standard  to  state  whether  analysis  would  not  detect  the  addition  of 
15  per  cent,  of  water  in  the  milk  ?  A.  No,  sir  ;  I  do  not  think  analy- 
sis would  absolutely,  within  those  limits. 

Q.  That  is  the  foundation  of  your  views  as  to  the  lactometer 
being  the  best  test,  is  it  not  ?  A.  That  I  do  not  think  analysis 
would  necessarily  show  when  we  have  such  wide  limits. 

Q.  I  understand  you  to  say,  because  the  quantity  of  water  in 
normal  milk  may  vary  some  one  or  three  degrees,  the  addition  of 
fifteen  per  cent,  of  water  to  the  normal  milk  will  not  therefore  be 
detected  by  analysis  ?  A.  If  you  will  allow  me  to  make  a  little 
calculation  in  my  head  ;  fifteen  per  cent,  of  water  would  not  be 
detected  by  analysis. 

Q.  What  is  the  variation  of  water  in  pure  milk  ?  A.  I  can  give  you 
the  result  of  my  observation  and  studies ;  I  should  call  milk  having 
more  than  eighty-eight  and  one-half  per  cent,  pure  water  in  it  to  a  hun- 
dred parts  by  weight,  I  should  say  that  that  milk  had  had  added  water. 

Q.  Have  you  ever  analyzed  milk  ?     A.  I  have,  several  times. 

Q.  How  many  ?     A.  Perhaps  twenty. 

Q.  Within  how  long  a  time  ?     A.  Within  six  months. 

Q.  Why  did  you  analyze  it  ?  A.  As  a  matter  of  curiosity,  and 
partly  as  a  matter  of  duty. 

Q.  Had  you  previously  tested  that  milk  with  the  lactometer  ? 
A.  Some  of  it  I  had. 

Q.  As  to  that  milk,  did  not  analysis  afford  you  a  more  accurate 
result  than  the  lactometrical  test  ?  A.  It  did ;  because  I  had  a 
standard  for  analysis  to  go  by. 

Q.  What  standard  did  you  go  by  ?  A.  I  followed  the  limits  as 
published  by  the  British  Society  of  Analysts. 


TESTIMONY  OF  JOSEPH  T.    o'CONNOB.  163 

Q.  Did  you  not  say  a  few  moments  ago  that  the  reason  why 
analysis  would  not  detect  the  addition  of  fifteen  per  cent,  of  water 
to  milk  was  because  you  had  no  standard  to  go  by  ?  A.  I  followed 
of  my  own  notion. 

Q.  Did  you  not  state  that  ?  A.  I  have  no  standard  to  go  by  as 
a  legal  or  authenticated  standard ;  this  is  a  rigid  arbitrary  standard 
fixed  by  a  board  just  as  the  Board  of  Health  may  do  the  same 
thing,  and  just  as  it  is  done,  as  it  has  done  it  in  the  case  of  the  lac- 
tometer. 

Bedirect-examination  : 

Q.  Doctor,  how  many  times  is  milk  sent  from  the  farms  to  the 
city  ?  A.  That  is  a  question  I  am  hardly  competent  to  answer  ;  my 
impression  is  that  it  is  sent  morning  and  evening  ;  in  some  cases 
I  know  it  to  be  sent  once  a  day,  and  some  farms  I  have  been  to 
send  twice ;  farms  that  are  near  the  city  send  twice  a  day,  West- 
chester. 

Q.  I  am  talking  about  the  general  supply  of  the  city?  A.  It 
comes  at  night  in  the  milk  trains. 

Q.  Is  the  morning  and  evening  milk  mixed  together  ?  A.  Of 
course  I  do  not  know. 

Q.  What  is  your  observation  on  that  point  ?  A.  My  observation 
is  not  in  that  direction. 

The  case  for  the  prosecution  was  closed. 


The  case  for  the  defense  : 

Mr.  WAEHNEE  :  I  desire  first  to  ask  your  Honor  to  direct  the 
jury  in  this  case  to  acquit  the  defendant  upon  the  ground  that  the 
indictment  is  defective  in  not  charging  or  alleging  in  proper  form 
the  advertising  and  publishing  of  the  Sanitary  Code  and  its  con- 
formity by  the  Board  of  Health  to  the  act  of  1873 ;  it  also  appears 
upon  the  face  of  the  indictment  that  there  are  substantially  two 
offences  alleged  without  a  proper  separation  of  counts,  and  the 
further  finding  in  the  case  of  the  second  paragraph  of  the  indict- 
ment by  the  Grand  Jury  of  a  distinct  and  separate  offence  that  the 
Court  cannot  take  judicial  cognizance  of  the  Sanitary  Code  of  the 


164  TESTIMONY  OF  THOMAS  C.  DOBEMUS,  JK. 

Board  of  Health  ;  and  also  that  the  prosecution  in  this  case  has 
not  made  out  a  proper  case  to  warrant  a  conviction ;  those  are  my 
grounds. 

The  COUKT — The  motion  is  denied. 

COUNSEL — Note  an  exception. 


Mr.  WAEHNER  proceeded  to  open  the  case  for  the  defendant. 

THOMAS  C.   DOREMUS,  JR.,  sworn   and  examined  by  Mr.   Lawrence, 
testified  as  follows  : 

Q.  Are  you  a  son  of  Professor  K.  Ogden  Doremus  ?  A.  I  am, 
sir. 

Mr.  LAWRENCE — Dr.  Chandler,  will  you  look  at  this  bottle  which 
you  sealed  on  the  first  day  of  its  production,  and  see  if  the  seal  has 
been  tampered  with  ? 

Dr.  CHANDLER — No,  sir ;  it  has  not. 

Mr.  LAWRENCE — Is  it  now  in  the  same  condition  that  it  was  when 
you  first  sealed  it  on  Tuesday  ? 

Dr.  CHANDLER — It  is. 

To  Mr.  DOREMUS — Q.  Have  you  had  practical  experience  in  the 
use  of  the  lactometer  ?  A.  I  have,  sir. 

Q.  Can  you  state  the  contents  of  that  bottle  ?  A.  It  is  pure 
milk. 

Q.  "Where  did  that  come  from  ?  A.  It  came  from  one  of  the 
cows  on  the  farm  of  Mr.  Mulford. 

Q.  Did  you  see  the  cow  milked  from  which  that  came  ?  A.  I 
did,  sir. 

Q.  Who  has  had  the  custody  of  that  bottle  ever  since  the  cow 
was  milked  ?  A.  I  have. 

Q.  Of  your  own  knowledge  that  is  pure  milk  ?  A.  Yes, 
sir. 

Q.  Has  that  bottle  been  out  of  your  possession  for  any  length  of 
time  since  it  was  milked  ?  A.  Except  for  a  few  moments,  when  I 
left  it  in  charge  of  Mr.  Kaspir  at  the  farm,  who  is  in  Court. 

Q.  When  that  milk  was  milked  pure,  did  you  test  it  with  the 
lactometer  ?  A.  I  did,  sir. 

Q.  At  what  degree   did   tnat   pure   milk   stand,   and   at  what 


TESTIMONY  OF  THOMAS   C.   DOREMUS,   JR.  165 

temperature,  that  is  bottle  No.  3  ?     A.  It  stood  at   78  on  the  lacto- 
meter and  thermometer  56  Fahr. 

Q.  Did  you  see  several  cows  milked  ?     A.  Yes,  sir. 

Q.  Did  you  test  their  milk  when  pure  with  the  lactometer  and 
thermometer  ?  A.  I  did,  sir. 

Q.  With  what  results  ;  state  the  numbers  of  the  cows  and  the 
results  ?  A.  In  one  case  the  lactometer  stood  at  92  and  the  ther- 
mometer at  60  Fahr*  From  another  cow  the  lactometer  stood  93 
and  the  thermometer  at  59  Fahr. 

Q.  When  did  this  take  place  ?  A.  Last  Monday,  I  believe  it 
was  the  18th  of  this  month. 

Q.  Look  at  these  bottles  and  state  whether  they  contain  the 
samples  of  pure  milk  direct,  and  milk  from  the  cows  ?  A.  They  do 
contain  pure  milk. 

Q.  State  which  of  the  bottles,  if  any,  of  those  contain  samples 
of  pure  milk  of  the  cows  to  which  you  have  referred  ?  A.  They 
all  do. 

Q.  You  refer  to  only  three,  give  us  the  fourth  ;  each  cow's  milk 
is  separate,  I  believe  ?  A.  These  are  the  three  bottles. 

Q.  Bottle  No.  2  ;  what  does  that  contain  ?  A.  That  contains 
pure  milk.  i 

Q.  From  which  cow  ?  A.  The  name  of  the  cow  is  Star  ;  the  lac- 
tometer stood  at  92,  and  the  thermometer  at  60  Fahr. 

Q.  Now,  bottle  No.  4  ?  A.  No.  4  is  milk  from  a  cow  named 
Mooley  ;  the  lactometer  was  93,  and  the  thermometer  59  Fahr. 

Q.  I  believe  cow  No.  1  stood  considerably  higher  ?  A.  Yes, 
sir. 

Q.  Give  the  facts  as  to  that  ?  A.  The  lactometer  stood  at  115 
and  the  thermometer  at  60  Fahr. 

Q.  From  the  time  that  milk  came  from  the  udder  of  the  cow  down 
to  the  present  moment,  has  it  been  in  your  custody  continually  ? 
A.  Yes,  with  the  exception  of  a  few  minutes  it  was  in  the  hands  of 
Mr.  Kaspir. 

Q.  Except  that  few  minutes  you  have  kept  it  day  and  night  ? 
A.  Yes,  sir,  at  night  under  lock  and  seal. 

Q.  Has  that  milk  been  tampered  with  or  adulterated  in  any  way  ? 
A.  It  has  not,  except  during  the  few  minutes  it  was  with  Mr.  Kas- 
pir. 


166  TESTIMONY   OF   THOMAS   C.    DOREMUS,    JR. 

Q.  "What  few  minutes  did  Mr.  Kaspir  have  it  ?  A.  At  the  farm, 
after  seeing  some  cows  milked  we  took  the  samples  of  milk  and 
thoroughly  mixed  them,  and  took  our  samples  from  them,  and  then 
when  I  went  to  the  stable  again  to  see  the  other  cows  milked,  I  left 
them  in  charge  of  Mr.  Kaspir. 

Q.  Did  you  examine  the  cows  from  which  that  milk  came? 
A.  Yes,  sir. 

Q.  Did  they  appear  to  be  healthy  animals  ?     A.  They  appeared 
to  be  perfectly  healthy. 
Cross-examined : 

Q.  Mr.  Doremus,  how  old  are  you  ?     A.  I  am  22. 

Q.  Are  you  an  assistant  of  Dr.  Doremus  in  his  laboratory  ? 
A.  Not  as  a  regular  thing  ;  sometimes  in  some  cases. 

Q.  What  lactometer  did  you  use  ?  A.  I  used  the  lactometer  that 
was  brought  here  into  Court  by  my  brother  the  other  day  ;  I  believe 
that  is  the  one  behind  you. 

Q.  It  is  the  one  you  had  from  your  brother  ?  A.  Yes,  sir,  the 
one  that  was  given  to  me  by  my  brother. 

Q.  Did  you  ever  test  that  lactometer  ?     A.  I  did  not. 

Q.  That  is  the  lactometer  I  understand  ?  (lactometer  shown). 
A.  I  believe  that  is  the  one — to  the  best  of  my  knowledge  that  is 
the  one. 

Q.  "Who  is  this  Mr.  Mulford,  whose  farm  you  visited?  A.  He 
has  a  farm  there — I  never  met  him  before. 

Q.  Where  ?  A.  A  place  five  miles  from  Guymard  ;  it  is  Orange 
County. 

Q.  Near  what  town  ?     A.  Guymard. 

Q.  Is  it  near  any  station  or  any  railroad  ?  A.  It  is  about  tsn 
miles  from  Middletown — that  is  the  station  you  get  out  at ;  you  can 
go  both  ways — between  Middletown  and  Port  Jervis. 

Q.  Who  accompanied  you  to  this  place  °     A.  Mr.  Kaspir. 

Q.  Who  is  Mr.  Kaspir  ?  A.  I  believe  he  is  a  maltster  by  pro- 
fession. 

Q.  Is  he  a  member  of  the  Milk  Dealers'  Association  ?  A.  Not 
to  my  knowledge. 

Q.  Do  you  know  whether  he  sold  brewers'  grains  or  food  for 
cows  to  this  Mr.  Mulford  ?  A.  I  do  not ;  I  think  it  was  the  first 
time  he  met  him  as  well  as  myself. 


TESTIMONY   OF  THOMAS   C.    DOREMUS,   JR.  167 

Q.  How  came  you  to  go  to  Mr.  Mulford's?  A.  My  father  re- 
quested me  to  go  to  get  samples  of  milk. 

Q.  How  came  Kaspir  to  go  with  you  ?     A.  To  assist  me. 

Q.  Who  sent  him  ?  A.  I  do  not  remember  the  name  now  ;  he  is 
a  gentleman  interested  in  this  case. 

Q.  One  of  the  members  of  the  Milk  Association  who  sent  Kaspir 
with  you  ?  A.  Yes,  sir. 

Q.  And  did  he  direct  you  where  to  go  ?  A.  He  did  not ;  Kaspir 
was  to  go  along  with  me  to  assist  me  and  do  whatever  I  wished. 

Q.  What  time  in  the  day  did  you  go  in  this  farm  ?  A.  Sunday 
afternoon. 

Q.  When  did  you  see  these  cows  milked  ?  A.  Monday  morning 
about  half-past  eight  or  eight  o'clock  I  should  say. 

Q.  Did  you  know  whether  this  cow  Star,  for  instance,  had  been 
milked  before  that  morning  ?  A.  I  do  not. 

Q.  You  cannot  swear  to  that  ?     A.  I  cannot. 

Q.  How  much  milk  did  she  give,  do  you  know  that — how  much 
did  you  see  taken  from  her  ?  A.  I  did  not  measure  the  quantity. 

Q.  You  got  that  bottle  full  ?  A.  Yes,  sir  ;  that  is  a  sample  from 
the  whole  milk  well  mixed  before  taking  a  sample. 

Q.  About  how  much  ?     A.  I  could  not  tell  exactly. 

Q.  How  long  were  you  at  this  farm  ?  A.  I  left  there  Monday 
morning  about  10  o'clock. 

Q.  Had  you  seen  this  cow  before  ?  A.  Never  had  seen  her  be- 
fore that  morning. 

Q.  Do  you  know  what  feed  the  cow  had  ?  A.  It  had  been  fed 
on  hay,  I  saw  them  eating  it. 

Q.  Do  you  know  how  she  had  been  fed  before  ?     A.  I  do  not. 

Q.  You  do  not  know  what,  her  food  had  been  a  week  before,  do 
you  ?  A.  I  do  not. 

Q.  Did  you  see  her  fed  on  Sunday  night  ?     A.  I  did  not. 

Q.  Do  you  know  whether  this  cow  had  ever  been  examined  be- 
fore by  any  one  ?  A.  That  is  samples  of  milk  taken  and  tested  ? 

Q.  Yes,  sir  ?     A.   Yes,  sir  ;  I  believe  so. 

Q.  By  whom  ?     A.  By  my  brother. 

Q.  When  ?  A.  I  do  not  remember ;  a  month  or  so  ago  or  several 
months  ago. 

By  the  COURT — Q.  Which  cow  was  that,  Star?     A.  I  would  not 


168  TESTIMONY   OF  THOMAS   C.    DOKEMUS,  JR. 

say  about  Star ;  some  of  these  cows'  samples  of  milk  were  examined 
by  him. 

By  Mr.  PRENTICE — How  many  cows  did  you  take  samples  from  ? 
A.  Four. 

Q.  Any  more  ?     A.  No,  sir. 

Q.  Did  you  ever  take  samples  from  cows  before  ?  A.  In  this 
way  ? 

Q.  Yes,  sir  ?     A.  No,  sir. 

Q.  Did  you  never  test  them  ?     A.  Yes,  sir. 

Q.  When  ?     A.  Probably  a  year  ago,  less  than  a  year  ago. 

Q.  Is  there  any  question  about  the  correctness  of  your  observa- 
tion— are  you  sure  you  read  it  correctly  ?  A.  Yes,  sir  ;  I  am  sure. 

Q.  And  did  you  take  the  temperature  correctly  ?     A.  Yes,  sir. 

Q.  You  are  sure  that  those  observations  were  correct  ?  A.  Pro- 
vided the  instrument  was  correct. 

Q.  But  your  observation  was  correct  ?     A.  Yes,  sir. 

Q.  There  was  no  difficulty  about  the  observation,  was  there  ? 
A.  No,  sir. 

Q.  Who  pointed  out  the  cow  Star  to  you  to  take  the  milk  from  ? 
A.  I  saw  all  the  cows  milked  and  selected  the  samples  which  I 
wished. 

Q.  You  selected  four  cows  from  which  you  wanted  the  samples  ? 
A.  Yes,  sir. 

Q.  How  many  cows  were  there  ?  Q.  There  were  more  than  twelve 
cows  there  ;  there  were  only  twelve  cows  milked  that  morning. 

Q.  How  many  cows  were  there  there  ?     A.  I  believe  twenty-two. 

Q.  Do  you  know  when  those  were  milked  ?  A.  They  had  not 
been  milked  for  some  time,  so  I  was  told. 

Q.  You  do  not  know  that  I  suppose  about  the  other  cows  ?  A. 
No,  sir. 

Q.  What  induced  you  to  take  these  four  particular  cows  ?  A. 
I  wished  to  get  samples  of  milk  that  stood  below  100. 

Q.  Then  you  took  these  four  cows  because  you  wished  to  get 
samples  of  milk  that  stood  below  100  ?  A.  Yes,  sir. 

Q.  You  were  successful  in  that,  according  to  your  observation  ? 
A.  Yes,  sir. 

Q.  Will  you  be  good  enough,  with  your  instrument  here,  to  test 
one  of  those  samples  of  milk — take  that  one  from  the  cow  Star,  or 


TESTIMONY   OF   THOMAS   C     DOEEMUS,    JE.  169 

take  this  one  that  stood  on  the  lactometer  at  78?  A.  No.  3,  I 
believe  ;  the  bottle  is  sealed. 

Q.  What  cow  did  it  come  from  ?  A.  They  call  it  the  black  cow ; 
this  is  a  milk  from  a  cow  that  stood  at  78  at  that  time. 

(The  witness  proceeded  to  test  the  milk  with  the  lactometer  and 
thermometer.) 

WITNESS — Stands  at  82. 

Q.  What  is  the  temperature  ?     A.  56. 

Q.  Let  me  ask,  are  you  in  the  habit  of  reading  the  thermom- 
eter out  of  the  milk  ?  A.  I  only  lifted  it  up  then. 

Q.  Is  that  the  way  you  make  your  experiments,  reading  ther- 
mometer with  the  bulb  of  the  lactometer  out  of  the  milk  ?  A.  I 
did  not  do  so  before  in  these  cases. 

Q.  Take  these  two  instruments  and  test  the  temperature  and 
the  gravity  ?  A.  It  stands  at  57,  the  temperature  by  Dr.  Chand- 
ler's instrument. 

Q.  Take  that  lactometer  ?  (another  lactometer  handed  to  the 
witness.)  A.  This  is  a  little  short  of  82  ;  81  and  three  quarters. 

Q.  Did  you  see  the  cow  Hetty  Ann  there  ?  A.  I  do  not  remem- 
ber it  by  that  name. 

Q.  Won't  you  look  at  your  memorandum  ?  A.  I  believe  not ; 
that  is  I  could  not  state  positively  ;  I  only  took  the  names  of  those 
cows  from  which  I  took  the  samples  of  milk. 

Q.  Did  you  hear  anything  about  the  cow  Hetty  Ann  ?  A.  I  did 
not. 

Q.  Is  Greenville  near  this  place  ?     A.  I  do  not  know. 

Q.  Did  you  see  them  begin  to  milk  this  cow  ?     A.  I  did,  sir. 

Q.  Did  you  see  the  pail  into  which  the  milk  went  ?  A.  I  did, 
sir. 

Q.  Was  there  any  water  in  the  pail  before  it  was  put  in  ?  A. 
There  was  not. 

Q.  You  are  sure  of  that?     A.  Yes,  sir. 

Q.  Did  you  see  that  there  was  any  water  about  the  person  of  the 
milkman  so  that  it  could  go  in  ?  A.  No,  sir. 

Q.  Did  you  see  whether  or  not  he  had  anything  in  his  sleeves  ? 
A.  I  saw  nothing  in  his  sleeves. 

Q.  Did  you  milk  the  cow  yourself?     A.  I  did  not. 

Q.  You  never  saw  this  cow  milked  but  once  ?     A.  That  is  all. 


170  TESTIMONY  OF  THOMAS  C.   DOEEMUS,  JR. 

Q.  Was  the  milk  of  the  other  cows  taken  in  this  same  pail  ?  A. 
No,  sir  ;  all  the  samples  were  taken  in  the  two  pails  that  were  taken 
out,  and  after  each  sample  was  taken,  they  were  cleaned. 

By  Mr.  LAWRENCE — Q.  The  lactometer  with  which  you  made 
these  tests,  did  you  deliver  that  to  me  in  Court  two  or  three  days 
ago  ?  A.  Yes,  sir  ;  on  Monday. 

Q.  Did  you  see  me  hand  it  to  Dr.  Waller  ?     A.  I  did,  sir. 


TUESDAY,  December  26, 1876. 
THOMAS  C.  DOREMUS,  Jr.,  recalled  by  Mr.  Prentice : 

Q.  Mr.  Doremus,  you  testified  in  this  case  on  Friday  afternoon ; 
I  believe  that  you  were  the  last  witness  before  the  Court  adjourned  ? 
A.  Yes,  sir. 

Q.  You  were  cross-examined  upon  your  visit  to  the  farm  of  Mr. 
Mulford,  and  on  certain  samples  of  milk  which  you  then  produced ; 
were  you  asked  the  question  whether  you  knew  the  quantity  of 
milk  given  by  the  black  cow  on  that  occasion  when  you  took  the 
sample  ? 

(Objected  to  ;  objection  overruled.) 

A.  I  believe  so. 

Q.  Did  you  answer  that  you  did  not  know  ?  A.  I  answered  that 
I  did  not  measure  it. 

Q.  Did  you  answer  that  you  did  not  know  ?  A.  I  do  not  re- 
member making  such  an  answer. 

Q.  Did  you  swear  on  that  examination  that  you  took  a  fair  ave- 
rage sample  of  that  milk?  A.  I  did;  excuse  me  one  moment;  I 
stated,  if  I  remember  rightly,  that  that  was  a  sample  from  the  whole 
milk. 

Q.  Of  that  cow  ?  A.  Yes,  sir ;  if  I  remember  correctly,  that  was 
my  word. 

Q.  Did  you  say  any  words  to  the  effect  that  you  did  not  know 
how  much  milk  she  gave,  and  that  you  did  not  measure  it?  A.  I 
stated  that  I  did  not  measure  it ;  I  remember  making  that  state- 
ment. 

Q.  Did  you   say  any  words  to  the  effect  that  you  did   not  know 


TESTIMONY  OF  THOMA£  C.   DOREMUS,   JR.  171 

how  much  milk  that  cow  gave  that  morning  ?  A.  I  think  I  have 
answered  that  in  my  last  answer. 

Q.  I  ask  you  yes  or  no  if  you  do  not  remember  saying  that?  A. 
I  think  you  asked  the  question  if  I  knew  the  quantity  of  milk  that 
she  gave. 

Q.  Very  well,  take  it  in  that  way  ;  what  do  you  say  to  that  ?  A. 
If  I  remember  correctly,  I  answered  I  did  not  measure  it. 

Q.  Did  you  not  say  you  did  not  know  how  much  she  gave  ?  A. 
I  do  not  remember  making  that  answer ;  I  think  my  answer  was  I 
didn't  measure  it. 

Q.  Do  you  know  now  how  much  she  gave  at  that  time  ?  A.  I 
make  the  same  answer ;  I  did  not  measure  it. 

Q.  I  ask  you  do  you  know  how  much  milk  she  gave  at  the  time 
you  took  the  sample  ?  A.  I  have  just  answered  that ;  I  did  not 
measure  the  sample. 

Q.  How  long  have  you  been  in  the  laboratory  ?  A.  I  assisted 
my  father  for  probably  the  last  ten  years  in  cases  where  life  and 
death  have  been  involved — poison  cases. 

Q.  You  are  accustomed  to  nice  measurements  ?  A.  I  do  not  pro- 
fess to  be  a  chemist. 

Q.  Have  you  assisted  in  making  experiments  in  measuring  liquids 
for  the  last  ten  years?  A.  I  have  assisted  him  in  poison  cases  for 
the  last  ten  years. 

Q.  Have  you  assisted  in  mixing  and  measuring  liquids  for  the 
purpose  of  experiment  for  the  last  ten  years  ?  A.  When  you  speak 
of  measuring,  do  you  mean  for  very  exact  analysis  ? 

Q.  If  you  do  not  understand  the  question  you  will  say  so ;  what 
do  you  say,  have  you  ?  A.  It  depends  upon  what  you  call  measure- 
ment; some  measurements  are  very  exact;  not  for  the  last  ten 
years  in  a  very  exact  manner. 

Q.  Have  you  been  assisting  your  father  in  investigations  in  the 
laboratory  in  making  analyses  and  assays,  and  in  measuring  liquids 
in  important  investigations  ?  A.  I  have  assisted  him,  as  I  stated,  for 
the  last  ten  years  in  his  poison  cases  where  life  and  death  has  been 
involved. 

Q.  Have  you  any  idea  what  a  pint  bottle  is  ?     A.  Yes,  I  have. 

Q.  Do  you  know  the  difference  between  that  and  the  quart.  A. 
I  do,  sir. 


172  TESTIMONY  OF  THOMAS   C.   DOBEMUS,   JR. 

Q.  How  long  have  you  been  acquainted  with  the  apparent  size  of 
a  pint  bottle  ;  ten  years  ?  A.  I  should  judge  so. 

Q.  Did  you  have  a  pint  bottle  with  you  on  that  occasion  to  take 
the  milk  of  that  cow  as  a  sample  ?  A.  I  had  bottles  of  about  a  pint, 
I  suppose. 

Q.  Was  there  any  of  that  milk  left  when  you  took  that  milk,  that 
you  saw,  of  the  black  cow  ?  A.  I  believe  my  brother  has  got  the 
book  that  I  refer  to,  with  my  notes  in  it ;  if  you  will  allow  me  to 
have  that. 

Q.  Did  you  take  all  the  milk  in  the  bottle,  of  that  cow,  which 
you  had  at  that  time  ?  A.  I  did. 

Q.  It  all  went  into  that  bottle  ?     A.  It  did. 

Q.  Would  that  bottle  hold  more  than  a  pint?  A.  I  think  if 
anything  probably  a  little  more. 

Q.  Would  it  hold  a  pint  and  a  half  ?     A.  I  think  not. 

Q.  Did  not  you  know  how  much  that  bottle  held  when  you  were 
here  on  Friday?  A.  I  did,  sir. 

Q.  Do  you  know  the  difference  between  the  milk  of  cows  and 
strippers  so  called  ? 

(Objected  to  ;  objection  overruled.) 

A.  I  do  not  know  as  I  could  give  a  definition. 

Q.  Do  you  know  there  is  a  difference  ?  A.  I  naturally  suppose 
there  would  be,  there  must  be. 

Q.  Did  you  know  that  on  Friday  ?  A.  I  knew  as  much  about 
it  then  as  I  do  now. 

Q.  Did  you  state  here  that  that  was  a  healthy  cow,  the  black 
cow  ?  A.  As  far  as  I  could  judge. 

Q.  In  a  normal  condition,  did  you  state  that?  A.  I  believe 
you  asked  me  the  question  whether  the  cow  was  a  healthy  cow  and 
I  said  she  looked  like  a  healthy  cow,  if  I  remember  rightly  ;  I  do 
not  profess  to  be  a  veterinary  surgeon  or  anything  of  that  kind. 

Q.  Was  she  a  healthy  cow  as  far  as  you  could  judge  ?    A.  She  was. 

Q.  Was  her  milk  the  milk  of  a  healthy  cow?  A.  It  seemed  to 
me  so. 

Q.  Were  you  able  to  strain  it  without  breaking  up  the  curds  in 
it  ?  A.  The  milk  was  poured  into  the  strainer  and  it  ran  through. 

Q.  Did  it  all  run  through  ?  A.  All  except  the  dirt  that  would 
naturally  collect  in  the  ordinary  milk. 


TESTIMONY  OF  THOMAS  C.   DOBEMUS,   JE.  173 

Q.  Was  there  any  white  scum  or  curd  in 'it?  A.  Not  that  I 
noticed. 

Q.  Did  you  see  this  straining  done  ?     A.  I  did,  sir. 

Q.  Did  anybody  put  their  hand  in  and  move  it  around  before  it 
was  strained  ?  A.  They  did  not. 

Q.  You  think  now  she  is  a  healthy  cow  ? 

(Objected  to.) 

A.  You  are  referring  now  to  my  visit  there  a  week  ago  yester- 
day ? 

Q.  I  ask  you  now  if  you  think  she  was  a  week  ago  a  healthy 
cow  ?  A.  The  last  questions  you  asked  me  were  referring  to  my 
visit  of  a  week  ago  Monday,  I  believe ;  you  asked  me  the  question 
in  reference  to  straining  which  I  wish  to  know  refers  to  my  visit  of 
a  week  ago  last  Monday  ;  she  appeared  to  be  a  perfectly  healthy 
cow. 

Q.  You  think  now  she  was  a  week  ago  a  perfectly  healthy  cow  ? 
A.  I  do  as  far  as  I  could  judge. 

Q.  "Was  she  among  the  milkers  or  the  strippers  in  that  herd  of 
Mr.  Mulford's  ?  A.  I  do  not  know  if  I  could  say  what  is  termed 
a  stripper  or  a  milker. 

Q.  You  do  know  at  that  time,  that  morning  she  gave  a  little 
over  a  pint,  do  you  know  that  her  whole  milk  that  morning  was 
that  which  you  took  in  your  sample  bottle  containing  a  little  more 
than  a  pint  ?  A.  That  was  all  that  I  saw  milked. 

Q.  Do  you  know  how  many  times  a  day  she  is  milked  ?  A.  I  be- 
lieve twice  ;  morning  and  evening. 

Q.  Has  not  Mr.  Mulford  told  you  or  said  in  your  presence  that 
she  was  only  milked  once  ?  A.  He  stated  that  some  of  his 
cows 

Q.  I  am  talking  about  the  black  cow  now  ?  A.  He  has  not  to 
my  knowledge  stated  that  she  was  milked  once ;  I  do  not  remember 
his  specifying  any  particular  one, 

Q.  Did  he  not  say  that  the  strippers  were  only  milked  once  ? 
A.  Not  to  my  recollection. 

Q.  Will  you  say  how  much  milk  the  Mooley  cow  gave  that  morn- 
ing ?  A.  That  I  do  not  remember  now. 

Q.  Did  she  give  a  pint?  A.  I  do  not  remember  how  much  she 
gave  ;  I  have  got  it  marked  down  in  my  notes. 


174  TESTIMONY  OF  THOMAS   C.   DOBEMUS,   JK. 

Q.  Did  you  take  the  whole  of  her  milk  in  your  sample  bottle  ? 
A.  I  do  not  remember ;  I  have  it  in  my  notes  ;  my  brother,  I  be- 
lieve, has  got  the  notes. 

Q.  Do  you  know  how  much  Fanny  gave  ?  A.  I  do  not  think 
the  name  of  that  cow  was  mentioned  when  I  last  testified. 

Q.  Do  you  know  how  much  Star  gave  that  morning  ?  A.  That 
is  in  my  notes  also  ;  I  do  not  remember  exactly. 

Q.  Do  you  know  whether  you  took  all  her  milk  in  your  sample 
bottle  or  not  ?  A.  If  you  will  allow  me  to  refer  to  my  book,  I  will 
tell  you  ;  I  do  not  remember. 

Q.  Will  you  swear  that  the  milk  of  Star  or  the  Mooley  cow  was 
either  of  it  that  morning  more  than  a  pint  and  a  half  ?  A.  I  told 
you  I  do  not  recollect  without  my  notes. 

Q.  You  do  not  know  ?  A.  I  do  not  remember  ;  my  brother  has 
my  notes  ;  if  you  will  allow  me  to  refer  to  these,  I  could  tell  you. 

Q.  Have  you  within  the  last  week  represented  yourself  to  Mr. 
Mulford  or  have  you  sent  a  message  through  Mulford  to  any  one 
that  you  were  from  the  Board  of  Health  and  desired  to  see  some 
gentleman  in  his  house  ?  A.  I  have  not. 

Mr.  LAWKENCE — I  move  that  that  question  and  answer  be  strick- 
en out  as  irrelevant  to  this  case. 

Q.  Have  you  in  the  presence  of  Mr.  Mulford,  and  of  Dr.  Waller, 
and  Dr.  O'Connor,  and  Mr.  Root  or  any  of  them  heard  Mulford  say 
that  in  counting  the  yield  of  his  cows  he  did  not  count  the  strippers 
and  distinguish  between  the  strippers  and  the  milking  cows? 
A.  I  do  not  remember  of  having  heard  him  make  any  such  statement. 

Q.  Was  any  such  remark  made  by  any-  one  there  present  to  Mul- 
ford in  your  presence  at  any  time,  that  he  did  not  count  the  milk  of 
the  strippers? 

(Objected  to  on  the  ground  that  the  defendant  has  nothing  to  do 
with  outside  statements  ;  objection  sustained.) 

Q.  Do  you  know  how  many  regular  milkers  there  are  in  Mr. 
Mulford' s  herd  at  this  time  ?  A.  I  do  not  know  what  you  mean  by 
regular  milkers  ;  I  saw  twelve  cows  milked  there. 

Q.  Have  you  the  names  of  them  ?  A.  I  do  not  recollect  them  ; 
I  think  I  have  got  all  the  names  in  my  note  book ;  Dr.  Waller  has 
got  them  all,  I  believe ;  I  think  I  saw  Dr.  Waller  write  them  all 
down  in  his  book. 


TESTIMONY  OP  THOMAS   C.    DOHEMUS,   JE.  175 

Q.  Will  you  swear  that  there  are  more  than  four  regular  milkers 
in  that  herd  of  Mr.  Mulford's  ?  A.  I  think  I  answered  that  question 
before ;  I  stated  I  saw  twelve  cows  milked ;  will  you  be  kind  enough 
to  explain  what  you  mean  by  regular  milkers  ? 

Q.  No,  sir ;  I  leave  it  for  you  ;  you  know  as  well  as  I  do ;  if  you 
cannot  answer  it  say  so  ;  if  you  do  not  know  the  difference,  my  im- 
pression is  you  said  you  did  a  little  while  ago  ?  A.  I  saw  twelve 
cows  milked ;  I  only  saw  them  milked  once,  so  that  if  I  understood 
the  fine  distinctions  which  you  wish  to  make 

Q.  Will  you  swear  that  there  are  more  than  four  regular  milkers 
in  that  herd  of  Mr.  Mulford's  ?  A.  I  do  not  understand  in  what 
way  you  want  me  to  answer  that. 

Q.  I  would  like  to  have  you  to  tell  the  truth.  A.  That  is  what 
I  have  been  endeavoring  to  do. 

By  the  COUET — Q.  You  cannot  say  whether  there  were  or  not? 

A.  I  cannot  say ;  there  were  twelve  cows  milked. 

By  Mr.  PEENTICE — Q.  Did  you  ever  see  the  whole  of  the  milk  of 
Mulford's  herd  in  any  one  vessel  taken  together  ?  A.  I  have  seen 
cans  full  of  milk ;  I  did  not  know  them  to  be  the  whole  milk  or 
whether  they  were  a  part  of  the  milk  of  several  days'  milk. 

Q.  Do  you  know  how  many  times  he  sends  milk  to  market  ?  A. 
I  do  not  know  whether  it  is  once  or  twice  a  day ;  I  do  not  re- 
member. 

Q.  Do  you  not  know  that  the  whole  of  the  milk  of  Mr.  Mulford's 
herd  is  less  than  thirty-seven  quarts  a  day  ?  A.  I  do  not ;  I  do  not 
know  how  much  it  is ;  I  never  asked  him  the  question. 

Q.  Did  you  see  the  cow  Gipsy  ?     A.  Yes,  sir. 

Q.  Do  you  know  whether  she  is  a  regular  milker,  or  not  ?  A.  I 
do  not  remember. 

Q.  Do  you  know  whether  the  cow  Charlie  is  a  regular 
milker,  or  not  ?  A.  I  have  not  got  my  notes  with  me ;  I  did  not 
expect  to  be  called  on  the  stand  here  or  I  should  have  had  them 
with  me. 

Q.  Do  you  know  whether  the  cow  Red  Heifer  is  a  regular 
milker,  or  not?  A.  I  do  not  remember  any  such  name ;  I  remember 
a  cow  by  the  name  of  Red. 

Q.  Do  you  know  whether  she  is  a  regular  milker  or  not?  A.  I 
do  not. 


176  TESTIMONY  OF  ROBERT  OGDEN  DOREMUS. 

Q.  Do  you  know  whether  the  cow  they  call  the  "  blue  cow  "  is 
a  regular  milker,  or  not  ?  A.  I  do  not  remember. 

Q.  Can  you  tell  me  what  proportion  of  the  milk  of  either  of 
these  cows,  Gipsy,  Charlie,  Ked,  or  Blue,  bears  to  the  milk  of 
Star,  Mooley,  or  the  black  cow,  which  gives  the  most  ?  A.  I  cannot 
make  an  answer  from  memory ;  I  have  got  it  all  down  in  my  notes ; 
I  would  not  like  to  make  an  answer  from  memory  because  I  might 
be  mistaken. 

Q.  Do  you  know  whether  or  not,  Mr.  Mulford  is  to  milk  the  cows 
Star,  Mooley  and  black  cow,  any  longer  ? 

(Objected  to  ;  objection  sustained.) 

BOBERT  OGDEN  DOREMUS,  sworn  and  examined  by  Mr.  LAWRENCE, 
testified  as  follows : 

Q.  What  is  your  profession,  Dr.  Doremus  ?  A.  I  am  a  chemist 
by  profession. 

Q.  What  experience  have  you  had  as  an  expert  in  criminal  cases  ? 
A.  In  this  very  building,  some  eighteen  years  ago,  we  had  an  im- 
portant trial  involving  reputation  and  life.  Two  whole  bodies  were 
analyzed,  the  first  and  only  time  this  was  done.  The  earth  around 
the  grave  was  analyzed,  the  coffin  was  analyzed ;  the  lining  of  the 
coffin  and  the  nails  of  the  coffin;  the  Croton  water  was  analyzed  ; 
the  glass  and  procelain  vessels  employed  were  analyzed  and  for  the 
first  time  with  my  able  assistant,  Dr.  B.  L.  Budd,  and  especial  care 
was  taken  that  the  private  laboratory  with  every  vessel  new  and  with 
all  the  chemicals  pure  and  many  of  them  made  pure — 

Mr.  PRENTICE — Is  it  necessary  to  go  into  this  ? 

The  COURT — I  suppose  not ;  we  all  know  how  eminent  a  chemist 
Dr.  Doremus  is.  We  do  not  want  a  history  of  this  case. 

Q.  Doctor,  have  you  made  the  subject  of  milk  a  specialty  ?  A.  I 
have,  sir. 

Q.  Have  you  lectured  a  great  many  times  on  milk  ?  A.  I  have 
lectured  upon  the  subject  since  the  year  1850,  in  medical  colleges,  and 
am  lecturing  now  each  year  upon  this  thing,  devoting  from  two  to 
three  lectures  each  season  upon  it.  In  1854,  I  think,  I  made  an  ex- 
amination of  what  was  called  solidified  milk.  I  accompanied  a 
number  of  gentlemen  from  the  Academy  of  Medicine  to  a  locality 


TESTIMONY  OF  EGBERT  OGDEN  DOREMUS.  177 

up  the  Hudson  river,  where  a  vast  number  of  cows  were  kept  and 
the  milk  was  there  in  our  presence  solidified.  I  made  a  report 
upon  the  subject.  Some  years  later  I  was  requested  by  the  Common 
Council  of  this  city  to  make  an  examination  of  the  milk  of  cattle 
that  were  kept  in  stables  under  confinement  and  known  popularly 
under  the  name  of  stump-tailed  cow  milk.  With  the  late  Dr.  Chil- 
ton  of  this  city,  I  made  a  series  of  analyses  and  the  report  is  now  in 
the  archives  of  this  city.  This  was  at  the  request  of  the  Common 
Council.  I  have  since  that  time  made  repeated  examinations  of 
milk  both  from  the  country,  and  more  especially  with  medical 
students  have  discussed  the  matter  of  the  examination  of  milk,  for 
we  claim  that  our  medical  graduates  should  be  familiar  with  the 
methods  of  distinguishing  between  the  milks  of  wet  nurses  as  to  their 
capacity  of  yielding  the  proper  variety  of  milk.  I  also  made  ex- 
aminations of  milk  in  connection  with  this  matter  of  the  lactometer 
as  employed  by  the  Board  of  Health. 

Q.  Do  you  remember,  Professor,  visiting  Orange  County  in  this 
State,  and  testing  milk  there  in  September,  of  1875  ?  A.  I  did, 
sir. 

Q.  Will  you  state  what  you  did  there  ?  A.  I  went  with  two 
gentlemen  to  a  locality  in  Orange  County,  which  county,  as  is  well 
known,  is  celebrated  for  its  fine  cattle  and  milk  as  supplied  to  this 
city  ;  I  went  for  the  especial  purpose  of  determining  the  gravity  of 
milk  by  the  lactometer  as  then  used  by  the  Board  of  Health  ;  I 
made  a  series  of  observations,  and  if  your  Honor  will  permit  I  will 
read  from  the  notes  taken  at  that  time  ;  at  a  locality  in  Orange 
County,  up  in  a  beautiful  mountainous  region  celebrated  for  its  fine 
pasturage,  at  a  Mr.  Mulford's,  at  Greenville,  I  obtained  milk,  seeing 
the  cow  milked,  from  a  cow  known  as  the  bob-tailed  cow ;  I  cooled 
the  milk  to  a  temperature  of  60  Fahr.  ;  I  found  the  gravity  of  that 
milk  to  be  92  degrees  on  the  lactometer  as  then  used  by  the  Board 
of  Health  ;  another  cow,  known  as  Hetty  Ann,  I  also  saw  milked  ; 
I  cooled  the  milk,  as  in  the  previous  case,  to  the  temperature  of  60 
and  found  the  lactometer  of  the  Board  of  Health  to  stand  at  90 ; 
another  cow,  Pikery,  I  saw  milked,  and  cooled  the  milk  to  60  and 
found  the  gravity  95  ;  another  cow,  part  Alderney,  I  saw  milked  and 
cooled  the  milk  to  60  and  found  the  gravity  112  ;  another  called 
Sukey  at  104 ;  I  went  to  a  Mr.  Charles  Clark  and  there  obtained 


178  TESTIMONY  OF  EGBERT  OGDEN  DOBEMUS. 

milk,  one  from  an  Alderney  cow  and  one  from  a  native  cow ;  these 
milks  were  mixed,  and  the  gravity  at  60  Fahr.  was  95 ;  I  may  men- 
tion incidentally  at  75  Fahr.,  when  it  was  first  tested,  it  stood  at  91 ; 
at  another  place  nearer  Mr.  Mulford's,  called  Uncle  Kichard's,  I 
obtained  milk  from  a  cow  which  at  a  temperature  of  93,  just  as  it 
was  drawn,  of  course  this  is  not  blood  heat,  stood  85  on  the  lacto- 
meter, the  same  lactometer  being  always  used,  at  79  as  it  gradually 
cooled  it  stood  at  100 ;  at  60  it  stood  at  110 ;  in  the  same  place 
another  cow,  Indiana,  at  95  Fahr.,  it  stood  at  90  ;  the  gravity  when 
cooled  to  60  it  stood  at  112  ;  another  cow,  the  belt  cow,  one  of  those 
peculiar  varieties  that  have  a  white  band  around  them  looking  as 
though  a  sheet  had  been  wrapped  around  the  cow,  at  89  Fahr.  the 
gravity  was  108,  and  at  60,  106 ;  I  made  an  experiment  with  the 
milk  of  the  bob-tailed  cow,  allowing  the  milk  to  stand  over  night, 
removing  the  cream  ;  the  half  skimmed  milk  at  60  Fahr.  had  a 
gravity  of  105,  whereas  the  night  previous  at  60  it  stood  at  92 ; 
your  Honor  will  perceive  that  there  was  a  gain  of  13  degrees  by  the 
lactometer ;  if  the  buoyant  power  of  the  milk  is  expressive  of  its 
goodness  the  half  skimmed  milk,  by  the  lactometer,  is  better  than 
the  milk  containing  all  the  cream  ;  I  tested  also  at  that  place  the 
amount  of  cream  which  would  rise  on  allowing  the  milk  to  be  placed 
in  tubes  11  inches  in  length,  and  found  that  the  milk  from  the  first 
cow  mentioned  as  Uncle  Richard's,  as  it  is  called,  which  stood  at 
110  on  the  lactometer,  gave  seven-eighths  of  an  inch  of  cream ;  the 
one  called  the  Indiana  cow,  which  stood  at  112,  one  and  one-eighth 
of  cream  ;  the  belt  cow,  which  stood  at  106  on  the  lactometer,  gave 
one  and  three-sixteenths  of  cream ;  another  cow,  part  Alderney, 
which  at  a  temperature  of  60  gave  a  gravity  of  108,  yielded  fifteen- 
sixteenths  of  cream  the  first  half  of  the  milk,  while  the  second  half 
of  the  milk  of  the  same  part  Alderney  cow  which  stood  at  100  on 
the  lactometer  gave  two  inches  of  cream  ;  the  cow  named  Star, 
which  stood  at  103,  gave  eleven-sixteenths  of  cream  ;  the  bob-tailed 
cow,  which  stood  lowest  of  all  in  this  series,  92  on  the  lactometer 
at  60,  gave  an  inch  and  a  half  of  cream  ;  plainly  showing  that  the 
lactometer  affords  us  no  indication  of  the  richness  of  milk  in  cream  ; 
I  brought  samples  of  his  milks  to  my  laboratory  and  submitted 
some  of  them  to  chemical  analysis,  with  the  following  result :  With 
the  thousand-grained  bottle,  the  gravity  of  milk,  such  as  this,  your 


TESTIMONY  OF  EOBEET  OGDEN  DOEEMUS.  179 

Honor,  a  light  glass  bottle  provided  with,  a  glass  stopper,  which 
stopper  is  perforated  so  that  we  may  fill  it  to  a  fraction  of  a  drop ; 
this  at  a  temperature  of  60  Fahr.  holds  a  thousand  grains  of  pure 
distilled  water  ;  it  is  known  under  the  name  of  pycnometer  or  thou- 
sand-grained bottle  ;  with  the  thousand-grained  bottle  the  milk  of 
this  cow,  the  bob-tailed  cow,  stood  at  1.026.39  on  the  analysis,  the 
water  proved  to  be  87.57,  butter  4.31,  caseine  and  sugar  7.73,  the 
salts  0.54 ;  the  cow  mentioned  as  Pikery,  with  the  thousand-grained 
bottles,  stood  at  1.027.74,  the  water  was  85.39,  and  the  butter  6.27  ; 
I  would  ask  your  Honor  to  observe  how  large  the  amount  of  butter 
in  this  case  where  the  lactometer  was  low,  6  per  cent,  of  butter  ; 
the  caseine  and  salts  was  5.38  and  the  sugar  3.16  ;  the  cow  called 
Star,  where  the  gravity  was  high,  103,  it  stood  at  1.028.24  by  the 
thousand-grained  bottle  ;  the  water  85.83,  the  butter  3.46,  the  caseine 
and  sugar  9.62,  and  the  salts  0.7  ;  the  skimmed  milk  from  the  bob- 
tailed  cow  contained  butter  to  the  extent  of  0.512;  these  experi- 
ments at  the  farm  and  in  my  laboratory  demonstrated  that  the 
lactometer  accompanied  by  the  thermometer  affords  not  a  proper 
indication  of  the  value  of  milk,  for,  as  you  recollect,  your  Honor  and 
gentlemen  of  the  jury,  when  we  removed  the  cream  the  lactometer 
rises,  whereas  the  milk  very  rich  in  cream  makes  the  lactometer  to 
descend. 

By  the  COUET — Q.  From  your  note  book  you  said  from  the  quan- 
tity or  weight  of  water,  as  I  suppose  established  by  the  analysis  of 
one  of  the  cow's  milk,  taken  from  one  of  the  cows,  was  87.7  or  some- 
thing like  that  ?  A.  Yes,  sir. 

Q.  And  that  means  the  weight  of  water  in  that  cow's  milk — that 
was  the  proportionate  weight  in  the  hundredth  parts  ?  A.  Yes, 
sir. 

Q.  The  weight  in  the  hundred  parts  of  milk  as  compared  with 
all  the  other  component  parts  of  the  milk  ?  A.  Yes,  sir  ;  that  is  to 
say,  out  of  100  grains  of  milk  there  would  be  that  proportion  of 
water ;  the  residue  would  be  the  other  elements. 

Q.  Does  it  follow  therefore  that  the  average  specific  gravity  of 
milk  as  shown  by  experience  depends  more  on  the  quantity  of  water 
it  contains  ;  the  weight  of  water  it  contains,  than  any  other  element, 
than  all  the  other  component  parts  combined  ?  A.  It  does  not, 
your  Honor,  for  the  reason  that  on  the  examination  of  pure  cream, 


180  TESTIMONY  OF  ROBERT  OGDEN  DOREMUS. 

that  is  the  cream  taken  from  the  top  of  the  cream,  as  they  would 
say  in  French,  the  "  creme  de  la  creme." 

Q.  Do  you  understand  my  question  ?     A.  Yes,  sir. 

Q.  Usually  does  not  the  specific  gravity  of  pure  milk  depend  more 
upon  the  quantity  of  water  it  contains  than  the  weight  of  all  the 
other  component  parts  ?  A.  It  does  not,  sir  ;  because  there  are 
two  substances  in  the  milk  lighter  than  milk  ;  the  one  is  the  water 
to  which  your  Honor  alludes,  and  the  other  is  cream  ;  it  is  this 
cream  that  damns  the  lactometer. 

Q.  I  do  not  see  yet  why  the  richness  of  cream,  that  is  the 
value  of  the  milk  to  make  butter,  the  quantity  of  fat  in  it,  and  all 
that,  is  one  thing,  but  when  you  come  to  take  the  specific  gravity  of 
combined  elements  as  they  come  from  the  cow's  bag,  which  is  called 
pure  milk,  and  without  any  analysis  or  test  other  than  to  show  the 
specific  gravity  of  the  milk,  does  not  the  specific  gravity  of  the 
milk  depend  more  upon  the  quantity  of  water  than  all  the  other  ele- 
ments ?  A.  If  your  Honor  will  permit  me  to  answer  as  I  had  com- 
menced, I  think  I  can  make  it  very  clear  to  your  Honor's  mind.  I 
tested  the  gravity  of  very  pure  cream  at  a  creamery ;  I  took  off  the 
top  of  the  cream  from  a  number  of  cans  and  placed  the  lactometer 
in  it  at  a  temperature  of  60  Fahr.,  and  the  lactometer  sank  grad- 
ually down  to  32. 

Q.  The  lactometer  showed  the  other  day  cream  stood  at  44? 
A.  Yes,  sir  ;  that  was  not  pure  cream  ;  mine  was  the  purest  cream, 
for  it  was  the  top  of  a  number  of  cans ;  here  say  are  30  or  40  cans  ; 
I  took  a  spoonful  of  the  top  of  the  cream,  the  lightest  portion  of 
cream,  as  the  Irishwoman  said,  "  Arrah,  would  you  give  the  children 
the  scum  ?"  it  is  the  "  scum  "  that  rises,  it  is  that  disturbing  ele- 
ment ;  if  the  illustrious  men  of  the  Board  of  Health  can  eliminate 
the  cream,  then  the  lactometer  is  a  good  instrument,  but  with  the 
cream  it  is  impossible  with  the  lactometer  to  tell  whether  milk  is 
low  from  cream  or  low  from  water  ;  I  would  defy  any  of  the  illustrious 
experts  that  were  here  the  other  day  to  demonstrate  from  those 
bottles  that  were  so  often  presented,  whether  if  the  gravity  was  low 
it  was  due  to  water  or  cream — none  of  us  could  without  analysis ; 
the  cream  is  light,  the  water  is  light,  and  there  are  two  light  bodies. 

Q.  If  you  have  a  given  quantity  of  pure  milk  as  it  comes  from 
the  cow,  and  you  add  to  it  a  considerable  quantity  of  water,  say  a 


TESTIMONY  OF  EOBEKT  OGDEN  DOEEMUS.  181 

pint  of  milk  and  add  a  gill  or  two  gills  of  water — is  it  not  more  likely 
to  decrease  the  specific  gravity  of  the  milk  than  if  you  had  a  gill  or 
two  gills  of  cream — which  will  lessen  the  weight  of  the  milk  more  ? 
A.  Water  will  undoubtedly  lessen  the  weight  of  the  milk  if  the 
water  is  not  brackish  ;  cream  will  also  do  it,  but  no  chemist  can 
assert  with  the  use  of  the  lactometer  and  his  senses  that  a  sample 
of  milk  owes  its  low  gravity  to  water  or  to  cream,  unless  you  take 
a  very  extreme  case  or  two  extreme  cases,  it  is  impossible  ;  your 
Honor,  this  is  a  point  ;  I  propose  to  demonstrate  the  falsity  of  the 
instrument  which  has  been  in  use ;  I  presume  that  the  experiments 
that  have  already  been  made  show  that  the  cream  was  light,  and, 
that  therefore  milk  rich  in  it  as  my  analyses  show,  and  as  some  of 
the  tables  I  will  refer  to  show  that  a  milk  may  be  light  owing  to  its 
exceeding  goodness  and  not  to  its  badness,  to  its  good  and  not  to 
its  bad  qualities,  to  its  richness  in  cream  and  not  its  adulteration 
with  water. 

Q.  By  Mr.  LAWRENCE — Doctor,  did  you  take  notice  of  the  con- 
dition of  the  cows  from  which  you  obtained  the  samples  of  milk  to 
which  you  have  referred,  in  September,  1875  ?  A.  I  did,  sir. 

Q.  State  what  it  was,  please  ?  A.  The  cows  appeared  to  be  in 
perfect  health  ;  there  were  no  ulcers  upon  their  udders  ;  there  was 
no  soreness  of  the  feet  or  about  the  mouth  ;  I  do  not  profess  to  be  a 
cow  doctor,  but  I  looked,  of  course,  to  see  that  I  was  examining  fair 
samples  of  cows. 

Q.  Were  any  of  those  cows  strippers  and  others  milkers  ? 
A.  They  were  all  giving  good  yields  of  milk. 

Q.  Did  you  take  especial  care  to  see  that  no  water  found  its  way 
into  that  milk  ?  A.  As  a  matter  of  course  going  merely  for  the 
object  of  seeing  cows  milked  and  to  cool  the  milk  and  to  put  the  ther- 
mometer and  lactometer  into  the  milk  I  used  precautions  as  an 
expert,  and,  of  course,  I  did  not  put  water  in  purposely  or  accident- 
ally, or  allow  it  to  be  put  in  purposely  or  accidentally. 

Q.  Was  this  rich,  good  milk,  Doctor,  you  obtained  ?  A.  This,  by 
analysis,  proved  to  be  rich,  good  milk  ;  6  per  cent,  of  butter  is  con- 
sidered such. 

Q.  You  visited  a  creamery,  did  you  not,  while  there,  I  believe  ? 
A.  I  also  visited  several  creameries. 

Q.  Did  you  see  the  process  of  skimming  milk  ?     A.  I  went  early 


182  TESTIMONY  OF  ROBERT   OGDEN  DOREMUS. 

one  morning  by  daybreak  to  a  creamery  where  I  saw  a  number  of 
cans,  say  about  four  or  five,  say  four  feet  in  height,  and  about  eight 
inches  in  diameter ;  they  were  standing  in  a  pool  of  water  where 
there  was  a  spring  to  keep  them  cool ;  that  was  where  I  took  the 
cream  off,  a  little  off  each,  and  the  operation  was  being  conducted 
there  of  removing  all  the  cream ;  this  was  set  aside  and  the  residue 
was  put  into  large  cans,  and  these  cans  were  placed  upon  a  vehicle 
with  a  couple  of  horses  and  driven  off  to  the  railroad,  where  it 
went  I  do  not  know  ;  this  is  what  we  call  half  skimmed  milk  ;  if  it 
stands  twenty-four  hours  then  it  is  considered  wholly  skimmed. 

Q.  Is  the  process  of  placing  milk  in  cans  and  allowing  the  cans 
to  stand  in  running  water  the  usual  manner  of  cooling  milk?  A.  That 
is  the  usual  manner ;  I  have  stated  already  that  I  visited  several 
creameries  and  witnessed 

Q.  By  the  COURT — We  are  investigating  the  question  whether 
the  liquids  found  in  the  prisoner's  possession  was  milk  and  tested 
by  Dr.  White ;  whether  it  had  been  watered  and  not  how  much 
cream  it  had?  A.  Cream  makes  milk  lighter,  but,  nevertheless,  if 
you  add  to  the  milk  a  very  large  percentage  of  cream  you  make  it 
lighter. 

Q.  By  Mr.  LAWRENCE — But  if  you  add  cream  to  milk  you  may 
make  it  lighter  ;  if  you  add  water  to  milk  you  make  it  lighter  ;  we 
claim  there  is  nothing  in  this  case  to  show  which  were  added  ? 
A.  May  I  be  permitted,  your  Honor,  to  state  that  the  milks  that  I 
had  examined  had  by  no  means  been  watered  ;  that  they  were  pure 
milks  ;  that  I  saw  them  taken  from  the  cow ;  that  I  myself  tested  and 
supervised  the  testing  of  the  lactometer ;  I  am  talking  now  of  milk 
as  it  comes  from  healthy  cows  in  a  healthy  region  of  country,  Orange 
County  ;  I  went  especially  because  we  always  see  Orange  County 
milk  lauded  in  this  part  of  the  world. 

Q.  In  the  month  of  September  last  did  you  receive  from  your 
son,  Dr.  Charles  A.  Doremus,  other  samples  of  milk  procured  by 
him  at  that  place  ?  A.  I  did,  sir. 

Q.  Did  you,  with  him,  test  the  specific  gravity  of  milk  and  an- 
alyze it,  and  if  so,  will  you  state  the  results  in  September,  1876  ? 
A.  I  sent  my  son,  Dr.  Chas.  A  Doremus,  alone  to  Orange  County, 
requesting  him  to  visit  a  number  of  dairies  and  to  bring  me  samples 
of  milk  from  those  cows  that  I  might  test  the  specific  gravity  and  an- 


TESTIMONY  OF  ROBERT  OGDEN  DOEEMUS.  183 

alyze  it ;  on  the  25th  of  September,  1876,  he  brought  me  the  fol- 
lowing samples  :  No.  6,  with  the  thousand-grain  bottle  gave  the 
gravity  of  1.027.25. 

Q.  What  was  that  by  the  lactometer  ?  A\  I  presume  he  had 
better  testify  concerning  that ;  he  stated  on  analysis  it  yielded  of 
water  81.06,  butter  9. 

Q.  That  was  milk  standing  at  94  ?  A.  1.029  is  the  standard  of 
the  Board  of  Health  ;  9.475  of  butter,  caseine  and  sugar  8.373,  salts 
0.836  ;  No.  8,  marked  E,  because  it  was  the  evening  milk  from  a 
part  Alderney  cow  ;  these  were  from  Mr.  Mulford,  as  he  stated — 
1023.629,  water  86.078,  butter  6.099,  caseine  and  sugar  7.058,  salts 
0.765  ;  may  I  ask  your  Honor  to  observe  in  answer  to  your  question, 
this  by  the  lactometer  was  85,  and  here  we  have  6  per  cent,  of 
butter  ;  the  same  cow  in  the  morning,  8  A.  M.,  it  is  marked  by  the  lac- 
tometer was  92,  and  by  the  thousand-grain  bottle  1.026.75,  water 
87.046,  butter  4.337,  caseine  and  sugar  7.71,  salts  0.896  ;  from  a 
native  cow,  No.  9,  evening  milk,  1.028.5,  water  86.613,  butter  5.557, 
caseine  and  sugar  7.097,  salts  0.728  :  evening  milk  from  a  native  cow, 
No.  10,  lactometer  88.5,  by  the  thousand-grain  bottle  1.025.66,  water 
90.152,  butter  2.917  ;  here  your  Honor  will  perceive  that  the  low 
gravity  was  due  to  a  large  amount  of  water  ;  90  parts  of  water,  and 
yet  this  was  yielding  from  this  cow  caseine  and  sugar  6.243,  salts 
0.688  ;  No.  1,  I  will  mark  it  Clark's  ;  he  will  state  where  he  obtain- 
it  from  Mr.  Clark's — 92,  on  the  lactometer  at  60,  I  am  talking  of 
now,  gentlemen — 1.026.6,  water  87.646,  butter  4.290 ;  here  your 
Honor  will  perceive  the  butter  was  quite  high ;  caseine  and  sugar 
7.337,  salts  0.691 ;  another  from  Clark's  99. 

By  Mr.  PRENTICE — What  number  do  you  give  that,  Professor, 
No.  2  ?  A.  This  is  marked  No.  3,  Clark's  ;  the  pedigree  of  the  cow 
and  so  on  will  be  given  by  one  competent  to  state,  I  suppose  ;  this 
stood  at  99,  1.028.5,  water  87.552,  butter  5.771. 

By  the  COURT — Do  you  think  it  is  much  more  important  for  the 
Board  of  Health  to  secure  the  public  against  the  removal  of  cream 
from  milk  than  to  secure  it  from  being  watered  ?  1  suppose  you 
were  aware  the  ordinance  under  which  the  second  count  of  the 
indictment  is  drawn,  not  only  forbids  the  keeping  the  watered  milk 
for  sale  but  skimmed  milk  for  sale.  This  man  is  indicted  for  keeping 
for  sale  milk  from  which  a  large  portion  of  cream  had  been  removed. 


184  TESTIMONY  OF  KOBEET  OGDEN  DOEEMUS. 

You  certainly  appear  to  be  decidedly  of  tlie  opinion  that  it  is 
better  for  the  Board  of  Health  if  they  cannot  do  both  things  they 
had  better  secure  the  public  against  the  removal  of  cream,  but  they 
have  done  both.  A.  If  your  Honor  will  allow  me,  perhaps,  to  show 
to  your  Honor  and  to  the  jury  a  very  simple  method  by  which  the 
amount  of  water  and  the  amount  of  butter  may  be  told  in  a  very 
short  time  ;  will  your  Honor  permit  me  to  finish  this  analysis,  this 
last  one  of  Clark's?  caseine  and  sugar  5.919,  salts  0.758. 

By  Mr.  LAWRENCE — Q.  Does  that  conclude  it  ?     A.  It  does. 

Q.  Did  you,  on  December  18,  1876,  receive  from  your  son, 
Thomas  C.  Doremus,  larger  samples  of  milk,  procured  on  that  day, 
about  which  he  testified  in  Court  on  Friday  ?  A.  I  did,  sir. 

Q.  Will  you  state  whether  you  examined  those  with  the  lacto- 
meter, and  analyzed  some  of  them,  and  the  results  ?  A.  If  I  am 
permitted  by  your  Honor  I  would  state  that  I  requested  my  son  to 
bring  some  samples  of  milk,  some  of  low  gravity  which  might  be 
shown  to  the  Court  and  jury,  and  these  were  contained  in  the  bot- 
tles that  were  so  often  presented,  and  which  were  so  repeatedly 
refused  to  be  tested  ;  it  was  simply  to  show  that  there  was  milk  of 
low  gravity,  and  these  bottles  contained  it ;  those  are  pure  milk, 
but  they  were  all  scared  and  would  not  tell  by  the  lactometer,  and 
all  the  senses  combined,  whether  it  was  milk  or  not ;  the  first  was 
from  the  blue  cow,  that  is  what  it  was  called  ;  I  tested  it  with  the 
lactometer,  which  has  been  shown  in  Court ;  at  a  temperature 
of  60  Fahr.  that  stood  at  122 ;  another  from  the  cow  Star,  at 
the  same  temperature,  stood  at  97.5. 

Q.  The  bottles  were  numbered,  and  perhaps  you  have  the  num- 
bers in  your  analysis,  the  samples  were  numbered  here  ?  A.  I 
have  not  the  numbers,  but  I  suppose  my  son  can  identify  them  ;  one 
called  Black  No.  81,  another  called  Mooley,  99.  Three  of  these, 
your  Honor  will  observe,  below  100,  and  one  markedly  above  it  ;  I 
was  in  hopes  they  would  test  this  with  the  lactometer  and  the  senses 
both,  and  see  how  they  came  out. 

Q.  Did  you  analyze  any  of  those  ?     A.  I  did  not. 

Q.  Did  you,  on  December  24th,  last  Sunday,  receive  from  your 
son,  Thomas  C.,  other  samples  of  milk?  A.  I  did,  sir. 

Q.  Did  you  test  any  of  those  with  the  lactometer  ?  A.  I  did  ; 
late  on  Sunday  night  I  received  three  samples,  one  from  the  cow 


TESTIMONY  OF  ROBERT  OGDEN  DOREMUS.  185 

Fanny,  which  at  60  Fahr.  stood  at  95  on  the  lactometer,  such 
as  shown  before  the  Court  ;  another,  Black,  which  at  60  Fahr. 
stood  at  80  on  the  lactometer ;  and  a  third  from  a  cow  called 
Mooley  ;  this  I  did  not  test  with  the  lactometer.  He  will  give  his 
statement  about  it,  for  I  believe  there  were  other  gentlemen  present 
who  witnessed  the  testing  at  the  farm. 

Q.  Doctor,  will  you  state  within  what  limits  the  specific  gravity 
of  milk  ranges  by  the  hydrometer  and  lactometer  ?  A .  From  my 
own  experience  the  lowest  is  1.023.2  ;  another  very  near  1.023.5,  and 
thus  on  up,  the  highest  being  1.035.42. 

By  the  COURT — Q.  You  mentioned  the  two  lowest  ;  how  many 
cows  above  it,  Doctor?  A.  Well,  sir,  I  think  it  is  about  forty-nine 
cows  ;  all  ranging  from  this  low  figure  gradually  up. 

Q.  And  which  is  the  lowest?  A.  The  lowest  was  1.023.2 — that 
was  about  80  on  the  lactometer. 

By  Mr.  PRENTICE — Q.  That  is  the  black  cow?     A.  Yes,  sir. 

By  the  COURT — Q.  Suppose  this  ordinance  of  the  Board  of 
Health  instead  of  prohibiting  in  general  terms  the  keeping  for  sale 
or  selling  watered  milk,  had  prohibited  the  selling  of  cows'  milk  of 
a  less  specific  gravity  than  1.029,  do  you  or  do  you  not  think  that 
the  enforcement  of  that  provision  of  the  ordinance  would  have 
tended  to  protect  the  public  to  some  extent  at  least  against  the  sale 
of  watered  milk  ?  A.  I  do  not ;  I  hold  that  scientific  men  claiming 
that,  and  claiming  that  instrument  with  the  use  of  the  senses  as  the 
sole  means  of  determining  the  value  of  milk,  applying  it  to  myself 
personally  I  would  hold  myself  criminal  in 

Q.  You  lose  sight  of  my  question  ;  would  it  not  protect  the  pub- 
lic against  the  selling  of  milk  that  had  additional  water  put  into  it  ? 
A.  I  responded  in  the  negative ;  I  propose  to  demonstrate  to  you 
the  reason  for  it. 

By  Mr.  LAWRENCE — Q.  Have  you  fully  answered  that  question, 
Doctor,  within  what  limits  the  specific  gravity?  A.  I  believe 
so. 

Q.  Now,  sir,  will  you  explain  the  lactometer  to  the  jury  if  you 
can  do  so  without  going  over  any  ground  that  has  been  gone  over 
by  the  prosecution? 

(Objected  to.) 

A.  I  will  prove,  your  Honor,  to  your  satisfaction,  I  trust,  that  the 


186  TESTIMONY  OF  ROBERT  OGDEN  DOREMUS. 

knowledge  gained  by  the  lactometer  is  of  no  value  ;  the  lactometer 
will  test  the  gravity  of  milk  or  any  liquid  approximating  the  gravity 
of  milk  ;  the  lactometer  tests  the  gravity  of  milk,  which  knowledge 
is  of  no  value  at  all  in  determining  the  goodness  of  milk. 

By  Mr.  LAWRENCE — Q.  Professor,  if  you  can  state  any  important 
facts  concerning  the  lactometer  and  its  origin  or  uses  which  have 
not  been  stated  please  do  so  ?  A.  Your  Honor,  we  may  go  back 
three  hundred  years  before  the  Christian  era,  when  the  illustrious 
genius  Archimedes  ran  through  the  streets  of  Syracuse  naked 
shouting  Eureka,  having  discovered  how  he  could  tell  how  the 
crown  of  Hieron  was  made  of  pure  gold  mingled  with  silver  ;  that 
is  the  first  specific  gravity  discovered  ;  he  found  his  weight  less  in 
the  water,  and  then  his  fertile  brain  suggested  that  which  we  now 
use  as  a  means  of  testing  gravity  ;  we  weigh  the  article  in  air,  then 
in  water  and  observe  the  difference  ;  I  merely  suggest  this  as  the 
origin  of  these  things  ;  more  recently  in  the  early  part  of  this  cen- 
tury an  instrument  was  devised  as  applied  to  milk  and  a  series  of 
distinguished  names  are  mentioned  as  having  modified  the  instru- 
ment ;  it  has  already  been  described ;  a  glass  tube  enlarged  at  the 
lower  end  with  a  weight  at  the  bottom  and  a  narrow  stem  at  the 
upper  part  and  sometimes  a  thermometer  inserted  in  it. 

Q.  Professor  Doremus,  can  you  point  out  any  mechanical  de- 
fects in  the  lactometer  besides  those  shown  by  Professor  Chandler  ? 
A.  If  by  the  sinking  of  this  instument  an  inch  or  a  fraction  of  an 
inch  we  are  to  decide  upon  the  commission  of  fraud,  it  should  be 
graduated,  your  Honor ;  as  you  perceive  this  instrument,  the  lower 
grades  are  close  together  and  the  upper  ones  are  widely  separated. 

By  Mr.  PRENTICE — Q.  I  would  ask  what  that  instrument  is,  that 
we  may  understand  the  evidence  ?  A.  This  is  a  hydrometer  to  be 
used  in  light  liquids  ;  the  gradations  upon  that  are  not  equal. 

Mr.  PRENTICE — I  think  this  is  objectionable. 

The  COURT — One  is  graduated  for  milk. 

WITNESS — The  same  principle  is  involved  ;  the  foreign  lactom- 
eters as  described  in  the  great  works  have  a  table  of  gradation 
moreover  ;  one  for  skimmed  milk  and  the  other  for  milk  which  has 
not  been  robbed  of  its  cream  ;  they  recognize  the  right  of  parties  to 
sell  skimmed  milk  in  Paris  and  other  places,  which  we  do  not  here, 
and  they  sell  it  as  skimmed  milk  and  have  the  lactometer  adapted 


TESTIMONY  OF  EGBERT  OGDEN  DOBEMUS.  187 

for  that ;  I  mention  this  point  because  if  we  are  to  depend  upon  the 
fraction  of  an  inch  to  decide  whether  a  man  is  guilty  of  a  crime  or 
not  we  ought  to  have  the  instrument  exact ;  still  I  desire  to  brush 
away  the  lactometer  ;  the  Legislature  will  have  to  do  that. 

By  the  COURT — Q.  That  is,  you  mean  to  brush  it  away  for  this 
purpose  ?  A.  For  this  use  ;  I  think  your  Honor  will  be  convinced 
after  you  hear  my  story. 

By  Mr.  LAWRENCE — Q.  Will  you  explain  the  reason  why  the 
lactometer  should  be  graduated  with  larger  increasing  spaces,  with 
spaces  becoming  larger  the  further  you  proceed  from  the  body  of 
the  instrument  instead  of  regularly  ?  A.  To  put  it  in  very  plain 
language — it  could  be  put  scientifically;  the  deeper  it  sinks  in  a  fluid 
the  more  liquid  it  displaces,  and  as  a  consequence  we  need  wider 
marks  upon  it  to  indicate  equal  variations  ;  that  is  if  I  were  to  take 
the  exact  gravity  with  the  thousand-grain  bottle  at  different  temper- 
atures and  then  place  this  instrument  in  it,  the  lactometer,  I  would 
need  wider  spaces  above  than  below. 

By  the  COURT — Q,  Would  it  not  be  correct  to  say  that  the  hydro- 
meter or  the  lactometer  does  displace  when  inserted  in  a  fluid  a 
quantity  which  in  weight  precisely  balances  the  weight  of  the  hydro- 
meter or  lactometer;  is  not  that  correct?  A.  That  is  correct,  but  if 
you  get  an  instrument  costing  a  dollar,  I  defy  any  man  ordinarily  to 
expect  that  you  will  have  accurate  gradations  any  more  than  you 
will  find  thermometers  hanging  on  the  wall  costing  fifty  cents  to 
agree. 

Q.  Can  you  give  me  a  rough  estimate,  supposing  A.  B.  has 
twenty-five  quarts  of  pure  milk  as  it  comes  from  the  cow  in  a  milk 
can,  and  he  adds  to  it  five  quarts  of  pure  Croton  water,  can  you  give 
me  a  rough  estimate  in  what  proportion  would  be  about  the  probable 
gravity  ;  how  much  would  the  gravity  be  diminished  by  adding  that 
quantity  of  water  to  that  pure  milk  ?  A.  I  could  not  nor  could  any 
chemist ;  you  perceive,  your  Honor,  that  in  consequence  of  the  fact 
that  I  have  already  sworn  to  that  some  milk  is  very  low  in  gravity, 
because  of  its  richness  in  cream,  it  is  impossible  to  tell. 

Q.  Would  not  the  addition  of  that  quantity  of  water  to  the 
quantity  of  pure  milk  diminish  its  gravity  to  an  extent  which  could 
be  determined  with  considerable  safety  and  accuracy  by  the  lacto- 
meter and  with  the  aid  of  the  senses  ?  A.  I  think  not. 


188  TESTIMONY  OF  ROBERT  OGDEN  DOKEMUS. 

By  Mr.  LAWEENCE — Q.  The  addition  of  that  quantity  of  water  to 
that  quantity  would  diminish  its  gravity?  A.  Yes,  sir. 

Q.  Why  would  not  that  be  sufficiently  determined  by  the  lacto- 
meter and  the  thermometer  and  the  senses ;  what  difficulty  would 
present  itself?  A.  Because  of  milks  varying  in  their  chemical 
constitution. 

Q.  In  what  way  ?  A.  Those  which  contain  a  large  amount  of 
cream  wall  have  the  tendency  to  allow  the  lactometer  to  sink,  and 
unless  you  knew  the  chemical  constitution  of  each  milk,  you  could 
not  predict  what  it  would  be. 

Q.  Dr.  Doremus,  ought  the  lactometer  to  be  correct  at  all  points 
at  which  it  is  intended  for  use  ?  A.  It  certainly  should  ;  especially 
where  reputation  is  involved. 

Q.  If  it  is  the  sole  instrument,  with  the  senses,  to  be  used, 
is  it  important  to  use  the  thermometer  in  using  the  lactometer  to 
test  milk,  and,  if  so,  why  ?  A.  Unquestionably ;  as  when  the  milk 
is  warm  it  expands  and  is  lighter,  and  the  instrument  must  sink  to 
a  greater  depth,  and  when  it  is  cold  the  reverse ;  that  is  patent, 
and  has  already  been  shown. 

Q.  Now,  can  you  refer  to  one  of  these  tables  on  that  subject,  I 
think  if  I  direct  your  attention  to  the  second,  to  show  the  import- 
ance of  using  the  thermometer  ? 

(Objected  to.) 

Q.  Have  you  been  present  in  Court,  Professor  Doremus,  and 
heard  the  evidence  of  most  of  the  witnesses  for  the  prosecution?  A. 
I  have,  sir. 

Q.  You  heard  the  evidence  of  Dr.  White,  did  you  not  ?  I  did, 
sir. 

Q.  Now,  what  is  your  opinion  of  the  lactometer,  as  used  by  the 
Board  of  Health  in  conjunction  with  the  thermometer  and  the 
senses,  as  a  test  for  the  adulteration  of  milk  by  water  ?  A.  I  con- 
sider it  unreliable. 

Q.  Why,  sir  ?  A.  I  consider  it  unreliable  ;  and  where  it,  with 
the  thermometer  and  the  senses,  is  solely  used  to  determine  the 
value  of  a  milk,  I  would  hold  myself 

The  COURT — Excuse  me,  Dr.  Doremus,  that  is  not  the  question. 

By  Mr.  LAWRENCE— Q.  Well,  as  to  adulteration  of  milk  by 
water  ?  A.  It  is  unreliable  as  a  means  for  determining  the  adul- 


TESTIMONY  OF  ROBERT  OGDEN  DOREMUS.  189 

teration  of  milk  by  water,  for  the  reason  that  cream  will  lower  the 
lactometer  as  water  does. 

Q.  Is  that  the  whole  of  the  answer  ?     A.  Yes,  sir. 

Q.  Now,  sir,  we  have  heard  a  great  deal  about  the  use  of  the 
senses  with  the  lactometer ;  is  it  always  customary  for  chemists, 
when  making  any  chemical  tests,  to  use  as  many  of  the  senses  as 
are  available ?  A.  It  is;  we  not  only  use  the  senses,  but  with  the 
eyesight  we  employ  the  microscope  ;  we  employ  the  sense  of  sight 
not  only,  but  that  of  taste  ;  in  all  poison  cases  I  invariably  test  by 
the  taste  the  contents  of  the  stomach  and  the  intestines ;  we  exam- 
ine likewise  by  the  sense  of  smell ;  thus,  as  in  prussic  acid,  one  of 
the  tests  is  the  peculiar  characteristic  odor  of  it. 

Q.  Dr.  Doremus,  are  there  any  variations  of  the  simple  methods 
of  testing  milk  ?  A.  There  are,  sir. 

Q.  Will  you  explain  them  to  the  jury  ?  A.  If  in  a  little  platinum 
cup  we  place,  say  a  dessert  spoonful  of  milk,  take  its  weight  by  an 
accurate  balance,  having  previously  weighed  the  little  platina  dish, 
warm  it  until  all  the  water  has  evaporated,  weigh  it  a  second  time, 
and  the  loss  is  water ;  pour  on  the  residue  some  solvent  for  butter, 
such  as  ether,  allow  it  to  stand  a  few  minutes,  pour  off  the  ether 
into  a  second  weighed  vessel,  and  repeat  the  treatment  with  ether 
until  all  the  butter  has  been  removed  ;  you  determine  this  by  allow- 
ing a  drop  of  ether  to  fall  on  the  surface  of  the  glass  and  let  it 
evaporate ;  there  is  a  greasy  stain,  of  course,  and  some  of  the 
butter  still  remains  ;  dry  the  residue,  weigh  it,  and  the  loss  is  butter. 
We  now  know  positively,  your  Honor,  how  much  water  and  how 
much  butter  were  present.  That  which  remains  in  the  little  dish  is 
the  caseine  or  cheese,  the  milk-sugar  and  the  salts  ;  for  many  pur- 
poses this  is  all  that  is  needed  ;  but  if  we  heat  the  vessel  containing 
the  residue  red-hot,  we  burn  up  the  cheese  and  the  sugar  ;  now,  we 
weigh  the  residue  the  third  time,  and  thus  we  have  the  salts ;  know- 
ing the  weight  of  the  water  and  the  weight  of  the  butter,  the  weight 
of  the  salts,  and  subtracting  these  from  the  weight  of  the  original 
milk,  we  have  the  cheese  and  the  sugar.  If  your  Honor  will  per- 
mit, I  will  make  a  little  experiment. 

Mr.  LAWRENCE — We  propose  to  show  by  taking  a  sample  of  milk, 
not  a  quart,  not  a  pint,  but  a  tablespoonful,  and  subjecting  it  to  a 
total  or  partial  analysis  for  the  purpose  of  showing  whether  the 


190  TESTIMONY  OF  EGBERT  OGDEN  DOREMUS. 

reading  of  the  lactometer  was  correct,  or  the  milk  was  pure  or 
impure. 

The  COURT — As  to  the  quantity  of  water  in  it  ? 

Mr.  LAWRENCE — Yes,  sir. 

The  COURT — We  cannot  tell  that  the  police  regulations  of  Paris, 
or  the  department  having  control  over  the  sales  of  milk  think  it  im- 
portant to  protect  the  public  by  telling  what  amount  of  cream,  the 
milk  contains.  This  ordinance  does  not  provide  for  anything  except 
ascertaining,  so  far  as  we  are  trying  the  question,  except  the  pro- 
hibition of  keeping  for  sale  watered  milk. 

Mr.  L.TWRENCE — In  the  beginning  of  this  case  your  Honor  will 
recollect  that  for  a  long  time  there  was  a  question  whether  the 
Board  of  Health  intended  to  present  the  analysis  of  this  particular 
milk.  It  has  been  admitted  in  this  case  and  other  cases  that  the 
Board  of  Health  very  often  does  take  samples  and  make  analyses ;  if 
it  is  necessary  in  one  case  why  is  it  not  necessary  in  another  case  ? 

The  COURT — If  this  can  be  done  in  a  reasonable  time  you  may  go 
on. 

Mr.  PRENTICE — I  stated,  your  Honor,  that  we  should  try  this 
case  on  the  lactometer ;  I  said  in  cases  of  doubt  we  used  analysis. 

Dr.  DOREMUS — I  propose,  your  Honor,  to  start  this  experiment, 
and,  if  your  Honor  will  permit  my  son  to  stand  by  and  see  that  the 
heat  is  regulated ;  your  Honor,  and  gentlemen  of  the  jury,  this  is  a 
sample  of  milk  I  obtained  from  an  Alderney  cow  myself ;  I  will 
place  a  dessert  spoonful  of  it,  mixing  it  carefully  first,  in  a  little 
platina  vessel,  which  vessel,  we  will  suppose,  has  been  weighed 
beforehand ;  I  would  like  to  impress  the  jury  as  to  the  quantity ; 
we  use  but  little ;  here  is  a  little  milk  poured  in,  we  will  suppose  to 
have  previously  weighed  the  vessel ;  our  platina  dishes  are  all 
weighed ;  we  have  a  record  of  their  weights  to  show  if  they  lost 
anything ;  we  will  place  a  spoonful  in  this;  we  will  suppose  it  is  care- 
fully weighed  ;  we  merely  warm  it  and  let  it  discharge  the  water ; 
we  do  this  over  a  pan  of  water ;  to  a  second  sample  I  add  a  little 
pure  white  sand ;  weigh  the  dish  and  then  weigh  the  sand ;  here  is 
a  little  pure  sand  thoroughly  dry ;  to  this  we  add  another  spoonful 
of  milk. 

Q.  Why  do  you  use  the  sand,  Doctor  ?  A.  I  will  explain.  If 
we  wish  quickly  to  evaporate,  we  employ  some  solid,  such  as  sand, 


TESTIMONY   OF   IIOBEET   OGDEN  DOBEMUS.  191 

sulphate  of  lime,  or  something  else,  because  it  dries  more  readily. 
In  the  making,  your  Honor,  of  that  solidified  milk  that  I  first  spoke 
of,  in  1854,  they  found,  in  order  to  solidify  quickly,  they  had  to  add 
sugar.  You  will  perceive  how  much  quicker  the  one  with  the  sand 
has  evaporated  than  the  other.  That  merely  dried  it ;  we  may  dry  it 
in  many  ways  ;  this  is  but  one  of  the  many.  I  should  state  to  the 
jury  that  it  requires  some  little  care  in  the  weighing  of  the  milk  ;  it 
requires  caution  and  a  delicate  balance,  as  any  one  could  comprehend. 
In  reference  to  drying  the  first  milk,  we  would  suppose  it  weighed 
a  second  time  ;  it  will  have  lost  in  weight ;  it  cannot  lose  cheese,  it 
cannot  lose  butter,  it  cannot  lose  the  sugar,  nor  can  it  lose  salts  by 
that  gentle  warmth ;  all  it  can  lose  is  water.  Now  we  have  positive 
knowledge  as  soon  as  that  is  dry,  of  the  exact  amount  of  water ;  to 
make  very  exact  we  sometimes  weigh  it  a  second,  third,  or  fourth 
time  ;  weigh  it  until  it  loses  no  more  weight  by  the  application  of 
heat.  Our  custom  is,  after  we  have  considered  it  dry,  to  place  it  in 
a  vessel  where  there  is  no  moist  air ;  just  a  little  jar  where  there  is 
some  chloride  of  calcium  ;  we  weigh  the  original  amount  of  milk ; 
we  weigh  the  milk  when  dry,  and  the  loss  is  water.  As  soon  as  this 
is  dried  I  think  it  would  be  interesting  if  the  jurors  would  notice  the 
time  required ;  we  do  not  need  several  days  for  the  analysis,  and  if 
we  had  a  dozen  or  twenty  vessels,  with  a  little  arrangement  for 
water,  we  could  heat  them  all  at  the  same  time,  and  thus  conduct  a 
whole  series  of  these,  as,  of  course,  every  chemist  knows.  Your 
Honor,  we  will  just  now  leave  it  to  determine  the  water ;  after  that, 
I  will  speak  of  the  butter. 

Q.  Take  the  stand  again,  Doctor.  You  called  attention  to  the 
unreliability  of  the  lactometer  because  of  the  presence  of  cream  in 
the  milk ;  can  you  call  attention  to  any  other  cause  which  leads  to 
the  same  conclusion,  the  unreliability  of  the  lactometer  ?  A.  I  can 
do  so.  Your  Honor  and  gentlemen  of  the  jury  will  recall  that  I 
mentioned  one  case  where  we  had  ninety  per  cent,  and  over  of  water, 
as  yielded  by  the  cow ;  a  certain  variety  of  cattle  may  give  a  low 
gravity  of  milk ;  this  is  proven,  not  only  by  the  analysis  which  was 
made — perhaps,  to  refresh  the  memory,  I  had  better  refer  to  it.  No- 
10,  a  native  cow,  there  was,  your  Honor,  90.152  of  water;  here  the 
low  gravity  would  be  accounted  for  by  the  cow  yielding  milk  abund- 
ant in  water ;  containing  more  water  than  the  standard  that  is 


192  TESTIMONY   OF   BOBEBT   OGDEN  DOBEMUS. 

adopted ;  again,  the  gravity  may  be  varied  by  the  same  cow  giving 
at  various  times  milks  of  varying  qualities.  I  think  you  will  be  in- 
terested to  learn  how  certain  cows  a  year  ago  gave  a  low  gravity 
of  milk  and  this  year  gave  a  high  gravity  of  milk,  and  some  that  in 
the  latter  part  of  September  gave  one  gravity,  in  the  month  of 
December  gave  another  gravity,  depending,  therefore,  upon  the 
variety  of  food ;  so  that  we  may  have  normal  milk  that  shall  not 
only  have  low  gravity  from  cream,  but  also  from  the  water,  and  that 
one  of  the  low  specimens  exhibited  here,  perhaps,  will  be  testified 
on  the  other  side  as  having  a  very  low  gravity  not  only,  but  rich  in 
water,  that  is  abounding  in  water,  but  it  is  natural,  and  that  variety 
of  milk  comes  to  the  city ;  the  time  of  calving,  the  season  of  the 
year,  as  well  as  the  variety  of  cattle  produces  a  difference ;  then  we 
may  have  the  gravity  of  course  raised  artificially  by  a  vast  variety 
of  methods ;  a  little  salt,  or  a  little  sugar,  or  a  little  starch  or  any 
other  substance  may  raise  it ;  I  have  indicated  causes  which  may 
produce  a  low  indication  of  the  lactometer ;  I  propose  to  indicate 
some  that  will  tell  us  a  high  grade  by  the  lactometer ;  the  addition 
of  a  variety  of  substances,  such  as  salt,  sugar  or  brackish  water,  and 
a  little  sugar  to  correct  the  salinity  of  the  taste,  or  the  abstraction 
of  the  cream,  which  is  one  of  the  simplest,  most  efficient  and  most 
profitable  methods,  and  the  one  most  constantly  performed. 

Q.  Now  suppose  that  a  milkman,  having  bought  milk,  adds 
starch  or  salt  and  sugar  to  it  to  escape  detection  by  the  lactometer, 
can  that  be  done  without  changing  the  appearance,  taste  or  smell  of 
the  milk? 

(Objected  to ;  objection  sustained  ;  exception.) 

Q.  In  what  way  can  watered  milk  be  so  manipulated  as  to  de- 
ceive the  senses  of  the  milk  inspector  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  Now,  sir,  suppose  an  article  is  presented  to  you  which  looks, 
tastes  and  smells  like  milk  of  the  gravity,  say  of  1.029,  which  you  test 
by  the  lactometer  and  thermometer  and  which,  when  you  remove 
the  lactometer  clings  to  the  glass  as  though  it  was  milk ;  can  you 
pronounce  that  to  be  milk? 

(Objected  to  as  irrelevant ;  objection  sustained.) 

Q.  Suppose,  Professor  Doremas,  that  a  fluid  was  presented  to 
you  in  a  milk-can  in  a  store,  labeled  milk,  which  looked,  tasted  and 


TESTIMONY  OF  BOBEET  OGDEN  DOBEMUS.  193 

smellecl  like  milk  and  you  tested  it  with  the  lactometer  and  found 
that  it  was  1.029,  applied  the  thermometer  to  it  and  found  that  it 
was  at  a  temperature  of  60 ;  you  then  withdraw  the  lactometer  and 
the  fluid  clung  to  the  glass  when  withdrawn ;  could  you  from  all 
those  tests  and  facts  state  whether  that  fluid  was  adulterated 
milk? 

(Objected  to ;  objection  sustained  ;  exception.) 

Q.  We  will  suppose,  Dr.  Doremus,  that  a  fluid  which  you  be- 
lieve to  be  milk  with  all  the  accompanying  circumstances  embodied 
in  my  last  question,  could  you  after  all  those  tests  pronounce 
whether  it  was  milk  or  not  ? 

(Same  objection  and  exception.) 

Q.  Can  any  deduction  safely  be  drawn  as  to  the  adulteration  of 
milk  by  water  from  the  manner  in  which  the  milk  runs  from  the 
lactometer  when  it  is  taken  out  ?  A.  No  sensible  deduction  can  be 
made  therefrom  ;  I  have  seen  samples  of  milk  taken  from  the  cow 
which  ran  off  from  the  lactometer  in  a  manner  similar  to  that  which 
has  been  described  as  characteristic  of  adulterated  milk  ;  when  I  say 
sensible  deductions,  I  refer  to  deductions  as  to  adulterations  ;  there 
are  cows  yielding  milk  which  produce  a  similar  appearance  on  the 
lactometer,  as  to  running  off,  as  that  which  has  been  described 
as  charateristic  of  adulterated  milk ;  of  course  substances  could  be 
added  to  any  milk  which  would  simulate  any  appearance  desir- 
able. 

Q.  Chalk,  I  presume,  would  effect  the  clinging  to  the  lactometer  ? 
A.  Chalk  or  oils  or  a  variety  of  substances  ;  but  I  am  speaking  now, 
your  Honor,  of  milk  just  as  it  comes  from  the  cow ;  I  have  put  the 
lactometer  in  milk  just  as  it  comes  from  the  cow  ;  you  would  say  if 
it  was  purchased  in  an  obscure  part  of  the  city  that  that  was  adul- 
terated milk ;  the  lactometer  shows  that ;  if  your  Honor  desires,  I 
can  show  it  to  you. 

By  the  COURT — Q.  I  understood  you  to  answer  that  you  cannot 
tell  by  looking  at  the  milk  as  it  runs  off  from  the  lactometer 
whether  it  was  thick  or  thin  ?  A.  No,  sir  ;  I  did  not  answer  that ; 
excuse  me  ;  I  assert  that  the  milk  as  it  comes  from  the  cow  will 
produce  a  similar  effect. 

By  Mr.  LAWRENCE — Q.  Did  you  hear  the  testimony  of  Dr.  White, 
Dr.  Doremus  ?  A.  I  did,  sir. 


194  TESTIMONY  OF  ROBERT   OGDEN  DOREMUS. 

Q»  Do  the  tests  made  by  Dr.  White  in  the  shop  of  the  accused, 
as  testified  to  by  him,  show  whether  the  fluid  tested  was  adulterated 
milk  ?  A.  They  do  not. 

Q.  From  such  tests,  if  made  by  yourself,  would  you  be  willing 
to  give  it  as  your  opinion  that  the  fluid  tested  was  adulterated? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  If  you  had  made  the  tests  in  this  case  made  by  Dr.  White, 
would  you  have  been  willing  to  testify  that  the  fluid  tested  was 
adulterated  milk  ? 

(Objected  to  ;  objection  sustained ;  exception.) 

Q.  Now,  what  causes  may  vary  the  specific  gravity  of  pure  milk  ? 
A.  I  have  mentioned  that  water  would  make  it  lighter,  and  cream  as 
accomplishing  the  same  result  ;  cheese,  sugar,  and  salts,  reversing 
this  in  fixing  the  gravity  ;  the  condition  of  the  cow ;  the  period  after 
calving ;  the  nature  of  her  food,  and  so  on. 

Q.  Will  the  pasturing  on  which  the  cows  are  fed  vary  the  gravity 
of  the  milk?  A.  It  will. 

Q.  Will  the  question  whether  the  cows  are  or  are  not  fed  with 
salt  vary  the  gravity  of  the  milk  ?  A.  It  will. 

Q.  Now,  does  the  specific  gravity  of  the  milk  usually  change  as 
it  grows  older  ?  A.  The  gravity  of  the  milk  we  have  found  by  ex- 
perience to  change  as  we  bring  it  from  the  country  into  the  city, 
even  that  brief  time,  and  after  a  day  or  so  it  changes  again  ;  what 
this  is  due  to  is  obscure,  though  many  claim  that  it  is  a  peculiarity 
of  the  cheese  portion  of  the  milk,  not  from  the  loss  of  any  one  of  its 
ingredients,  but  the  condition  of  the  caseine  or  cheese.  This  is  a 
well  established  fact. 

Q.  How  does  this  affect  the  lactometric  test  ?  A.  This  would 
cause  the  lactometric  test  at  the  dairy  to  be  one  thing,  and  at  the 
city  another. 

Q.  Now,  what  is  the  effect  on  the  specific  gravity  of  the  milk  of 
adding  brackish  water  ? 

(Objected  to  ;  objection  sustained ;  exception.) 

Q.  Dr.  Doremus,  is  not  the  butter  in  the  milk  strictly  nutritious 
and  important  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

A.  What  ingredients  in  milk  vary  most  in  quantity  ?  A.  The 
water,  caseine  and  butter. 


TESTIMONY  OF  EGBERT   OGDEN  DOEEMUS.  105 

Q.  When  the  butter  and  caseine  are  removed  what  name  is 
applied  to  what  is  left  ?  A.  Whey,  or  technically  speaking,  serum. 

Q.  Can  the  purity  of  the  milk,  as  to  adulteration  by  water, 
be  better  ascertained  from  the  specific  gravity  of  the  whey  than  from 
the  specific  gravity  of  the  milk  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

By  the  COURT — Q.  In  answer  to  the  question  put  by  the  counsel, 
you  said  the  specific  gravity  of  the  milk  changed  while  it  was 
being  brought  from  the  cow  and  after  it  got  here ;  does  not  that 
process  go  on  successively,  must  it  not  be  conceded  to  be  a  fact  that 
the  water  of  milk  is  constantly  evaporating  ?  A.  If  we  place  in  a 
bottle  the  milk  we  obtain  from  a  cow,  and  cork  it  up  and  seal  it 
tightly,  the  specific  gravity  will  vary,  if  after  some  hours  we  make 
that  test  as  compared  with  that  specific  gravity  as  first  indicated. 

Q.  Do  you  mean  the  aggregate  specific  gravity  of  the  matter  in 
the  bottle  or  do  you  mean  the  specific  gravity  of  certain  component 
parts  of  the  liquid  in  the  bottle  ?  A.  If  the  lactometer  is  put  in  the 
milk  at  a  certain  temperature  of  60,  just  as  it  has  been  cooled 
after  coming  from  the  cow,  then  the  milk  is  allowed  to  stand  per- 
fectly quiet  or  moderate  agitation,  if  you  please,  and  in  a  number  of 
hours  it  is  again  tested  by  the  lactometer,  it  having  been  closed  in 
such  a  manner  that  no  water  could  evaporate,  the  specific  gravity 
will  alter. 

Q.  Do  you  mean  lessen  or  increase  ?  A.  It  will  increase  at  one 
time  and  lessen  in  another  ;  that  is  not  my  own  authority,  your 
Honor,  but  I  will  quote  the  various  books  that  refer  to  that ;  it  is  a 
mystery  that  we  do  not  comprehend ;  it  is  due  to  some  peculiarity. 

Q.  Does  that  alter  its  specific  gravity  ?  A.  It  does  change  its 
action  with  the  lactometer. 

By  Mr.  LAWEENCE — Q.  Now,  Mr.  Prentice,  the  cooking  opera- 
tion is  completed.  WITNESS — Your  Honor,  here  is  the  milk  that  is 
mingled  with  sand ;  the  one  with  the  sand  dries  a  little  sooner  than 
the  other,  as  a  rule,  depending  of  course,  upon  the  quantity ;  now, 
to  see  that  it  is  thoroughly  dry,  we  heat  it  a  second  time,  and  weigh 
it  a  third ;  as  to  the  exact  number  of  minutes  depends  upon  the  tem- 
perature, the  current  of  air,  the  moisture,  the  atmosphere,  etc.  ;  this 
is  the  milk  without  the  sand ;  no  one  can  testify  that  that  is  perfectly 
dry,  unless  he  uses  the  balance  ;  it  must  be  weighed  and  then  heated 


196  TESTIMONY  OF  ROBERT  OGDEN  DOREMUS. 

again,  and  weighed  a  second  time,  and  weighed  until  it  loses  no 
weight ;  that,  I  presume,  is  understood,  whether  it  takes  fifteen  or 
twenty  minutes,  or  an  hour  ;  the  method  is  simple  ;  the  first  I 
showed  your  Honor,  was  the  dried  milk  with  the  sand,  the  second  one 
was  the  dried  milk  without  the  sand;  the  second  step,  gentlemen, 
is  to  dissolve  it,  which  can  be  done  with  many  substances ;  ether  is 
one  ;  I  will  pour  a  little  ether  on  both  of  these,  and  pour  the  ether 
off,  and  you  will  remark 

Mr.  PRENTICE — We  have  got  beyond  the  test. 

The  COURT — "We  will  assume  that  ether  will  take  out  the  butter; 
there  can  be  no  doubt  about  that. 

By  the  COURT — Q.  Do  you  know  the  quantity  daily  consumed  in 
the  City  of  New  York  ;  do  you  happen  to  know  about  the  average 
quantity  of  milk  consumed  here  ?  A.  I  do  not  know  positively. 

Q.  You  do  not  know  the  average  quantity  brought  here  ?  A. 
No,  sir  ;  I  have  heard  it  stated  ;  it  is  enormous,  of  course. 

By  Mr  LAWRENCE — Q.  If  you  see  two  or  more  cows  milked,  and 
each  yields  milk  of  a  low  gravity,  may  not  the  low  gravity  in  one 
case  be  caused  because  the  milk  is  unusually  rich  in  cream,  and  may 
it  not  in  another  case  be  caused  by  the  fact  that  the  pure  milk  con- 
tains an  unusual  quantity  of  water  ?  A.  It  may. 

Q.  Can  you  tell  by  the  lactometer,  the  senses,  the  thermometer 
and  the  tests  used  by  the  Board  of  Health,  in  which  milk  the  low 
gravity  is  produced  by  the  presence  of  much  cream  and  in  which  it 
is  produced  by  the  presence  of  much  water  ?  A.  I  cannot. 

Q.  Are  there  any  means  of  detecting  the  adulteration  of  milk  by 
water  which  can  be  used  by  persons  not  specially  instructed,  milk- 
men for  instance  ?  A.  None  to  my  knowledge. 

Q.  In  making  milk  analysis,  what  quantity  of  milk  is  usually 
used  ;  do  you  use  as  much  as  a  quart  ever  ?  A.  Not  more  than  a 
tablespoonful. 

Q.  In  your  opinion  is  the  lactometer  when  used  in  conjunction 
with  the  senses  and  the  other  methods  of  the  Board  of  Health,  a  test 
that  can  be  safely  used  by  milkmen  to  show  the  purity  or  the  im- 
purity of  milk  or  the  adulteration  by  water  ?  A.  It  cannot  be 
safely  used  by  them  ;  it  is  a  most  erroneous  guide. 

Q.  What  is  the  surest  method  of  determining  whether  milk  is 
pure  or  impure  ?  A.  Chemical  analysis. 


TESTIMONY  OF  EOBEKT  OGDEN  DOREMUS.  197 

Q.  Is  that  more  sure  on  the  question  of  adulteration  by  water  than 
the  lactometer  ?  A.  It  is. 

Q.  Are  you  familiar  with  the  authors  upon  milk  ?  A.  I  am,  I 
believe. 

Q.  Will  you  name  some  of  the  best  of  them,  or  name  a  number 
of  them?  A.  Yon  Baumhauer,  Quevenne,  Boucharclat,  Hoppe-seyler, 
Ambrose  Tardieu,  one  of  the  most  distinguished  savants  in  his 
department,  Watts'  Chemical  Dictionary,  Wurtz,  the  editor  of  the 
French  Chemical  Dictionary,  which  is  not  yet  quite  completed, 
Wanklyn,  Hassal,  Bloxam,  Letheby,  and  many  others  I  might  men- 
tion. 

Q.  Are  you  familiar  with  the  recent  milk  reports  of  the  milk 
inspector  of  the  State  of  Massachusetts  ?  A.  I  am,  sir. 

Q.  Are  they  authority  on  the  subject  ?     A.  They  are,    sir. 

Q.  What  is  the  opinion  of  the  best  authorities  upon  the  subject 
concerning  the  sufficiency  of  the  tests  used  by  the  Board  of  Health, 
to  determine  the  adulteration  of  milk  by  water  ?  A.  They  are 
condemnatory  of  the  use  of  the  lactometer  with  the  senses  solely, 
as  a  means  of  judging  of  the  value  of  milk. 

Q.  Doctor,  what  do  you  mean  by  the  word  value  ?  A.  I  mean 
as  to  its  adulteration  by  water  or  the  removal  of  cream,  or  its  modi- 
fication in  any  way  in  which  human  ingenuity  may  devise. 

Q.  You  include  all  adulterations  in  the  term  value  ?  A.  All 
adulterations,  and  some  of  these  authors  employ  the  most  denun- 
ciatory terms  that  their  native  languages  will  permit  ;  allow  me  to 
allude  to  M.  Tardieu. 

Q.  That  is  one  of  the  books  referred  to  by  one  of  the  witnesses 
of  the  prosecution,  as  confirmatory  of  the  lactometer  ?  A.  It  is 
one  of  the  books  referred  to  in  the  prosecution  ;  I  will  read  it  in 
the  original  ;  speaking  of  the  two  instruments  which  are  modifi- 
cations of  the  lactometer,  he  says  :  "  They  are  instruments,  therefore, 
which  instead  of  denouncing  fraud  become  regulators  of  it." 

By  Mr.  PRENTICE — Q.  What  page  do  you  read  from  of  Tardieu; 
have  you  the  book  before  you  ?  A.  I  have  the  translation  made  by 
the  translator  of  the  Court,  page  311  ;  this  is  the  Dictionary  of 
Hygiene,  by  Ambrose  Tardieu,  Paris,  1854 ;  these  instruments,  your 
Honor,  he  said,  are  instruments  which,  instead  of  detecting  fraud, 
,as  I  have  said  before,  are  instruments  for  protecting  fraud  on  the 


198  TESTIMONY  OF  RORERT  OGDEN  DOREMUS. 

largest  scale  ;  he  alludes  to  Professor  Champolion,  who  has  given 
a  critical  resume  of  this  subject  ;  he  positively,  not  in  mincing  but 
in  the  most  positive  terms,  denounces  the  use  of  this  instrument. 

Q.  Head  the  extract  from  Hoppe-seyler  ?  A.  This  is  a  hand- 
book of  physiological  and  pathological  chemical  analysis,  third 
edition,  Berlin,  1870,  page  363  ;  this  is  a  translation  :  "  Determina- 
tion of  the  specific  gravity  of  milk — The  specific  gravity  of  milk  has 
often  been  considered  as  proof  of  the  quality  of  milk,  and  is  used 
in  many  places  by  the  police  authorities  as  a  means  to  test  the 
milk  ;  the  method  commonly  in  use  of  testing  with  the  areometer  is 
objectionable  ;  the  careful  determination  of  specific  gravity  by  the 
picnometer  can  give  no  certain  evidence  whether  it  (milk)  is  good 
or  bad  ;  it  is  true  that  if  milk  appears  blue,  transparent  and  shows 
with  the  areometer  a  low  specific  gravity,  then  the  milk  is  thin  and 
bad,  but  a  blue  transparent  milk  with  a  high  specific  gravity  is  per- 
haps not  better  ;  the  blue  transparent  appearance  is  therefore 
more  important  for  the  test  than  the  specific  gravity  ;  richness  in 
butter  lowers,  and  richness  in  caseine  and  sugar  raises  the  specific 
gravity  of  the  milk,  because  the  determination  with  all  instruments 
which  have  to  be  immersed  is  not  to  be  made  use  of  ;  the  picno- 
meter, that  is  the  little  thousand-grain  bottle  has  to  be  used  for 
this  purpose  ;  before  filling  it,  as  a  matter  of  course,  the  milk  to  be 
tested  must  be  well  shaken  and  airy  bubbles  are  to  be  carefully 
avoided  ;  it  might  be  believed  that  the  areometer  would  show  the 
specific  gravity  of  the  milk  serum,  but  it  is  not  the  case  ;  the 
areometer  shows  often  a  lower  specific  gravity  than  the  picno- 
meter." 

By  the  COURT — Q.  Is  there  anything  there  condemning  the  use 
of  the  lactometer  for  the  purpose  of  ascertaining  the  specific  grav- 
ity of  milk — is  there  anything  to  show  that  the  lactometer  will  not 
ascertain  the  specific  gravity  of  milk  ? 

Mr.  LAWRENCE — "We  will  admit  that  a  good  lactometer  will  tell 
the  specific  gravity. 

A.  I  stated  at  the  outset  I  admit  that,  but  that  that  knowledge 
was  of  no  use  to  us. 

Q.  "  Milk  Analysis,  by  J.  K.  Alfred  Wanklyn,  M.  E.  C.  S.";  is  that 
a  standard  authority  upon  the  subject  on  which  it  treats  ?  A.  It 
is. 


TESTIMONY  OP  ROBERT  OGDEN  DOREMUS.  199 

Q.  Is  the  milk  of  the  lower  animals  or  of  some  of  them  of  much 
heavier  specific  gravity  than  that  of  the  cow  ? 

(Objected  to  ;  objection  sustained  ;  exception.) 

Q.  Doctor  Doremus,  on  which  side  of  this  question  are  the 
greatest  number  of  authorities,  the  question  as  to  the  sufficiency  of 
the  lactometer  to  test  the  adulteration  of  milk  by  water,  as  to  the 
lactometer  being  a  sufficient  test  for  the  adulteration  of  milk  by 
water,  on  which  side  of  that  question  are  the  most  authorities? 
A.  They  are  antagonistic  to  it  and  some  of  them,  as  I  have  stated, 
express,  in  the  most  vigorous  terms  that  their  language  is  capable 
of  allowing,  their  opposition  to  its  use,  in  the  manner  which  has 
been  described. 

By  the  COURT — Q.  Do  they  express  opposition  to  the  use  of  the 
lactometer  for  the  purpose  of  ascertaining  the  specific  gravity  ?  A. 
To  its  sole  use  ? 

Q.  For  the  purpose  of  obtaining  that  simple  fact  ?  A.  No,  sir ; 
I  misunderstood  you — that  is  the  adulteration  of  milk. 

Cross-examined  by  Mr.  PRENTICE  : 

Q.  Doctor,  you  have  mentioned  the  most  important  authorities 
which  give  the  view  that  you  have  just  expressed  concerning  the 
determination — concerning  the  specific  gravity  of  milk,  have  you 
not  ?  A.  I  have  mentioned  a  few. 

Q.  Have  you  mentioned  the  most  important,  or  have  you  left 
the  most  important  uninentioned  ?  A.  I  think  I  mentioned  some 
of  the  most  important. 

Q.  Are  there  any  as  important  as  those  that  you  have  mentioned  ? 
A.  There  are  many  others ;  I  gave  a  list  which  I  was  excluded 
from  reading. 

Q.  I  will  ask  you,  Dr.  Doremus,  are  the  reports  of  Doctor  Yoelc- 
ker,  the  chemist  of  the  Royal  Agricultural  Society  of  England,  upon 
the  examination  of  milk,  its  supply  and  adulteration,  authorities  on 
this  question  ?  A.  They  are,  sir. 

Q.  Has  Doctor  Voelcker  in  a  paper  published  in  the  year  1875, 
in  England,  expressed  this  opinion,  that  "  a  great  many  experiments 
have  led  me  to  the  conclusion  that  within  certain  limits  specific 
gravity  is  the  most  trustworthy  indicator  of  quality  ?  "  A.  He  has ; 


200  TESTIMONY  OF  ROBERT   OGDEN  DOREMUS. 

I  would  ask  your  Honor's  attention  to  the  phrase  "  certain  limits," 
and  I  will  ask  also  to  introduce  some  other  remarks  by  the  same  au- 
thority, Yoelcker. 

Q.  I  will  ask  you,  in  this  book  by  Tardieu  in  the  edition  sub- 
sequent to  that  from  which  I  understand  you  quoted — which  was  the 
edition  of  1854?  A.  I  believe  it  was. 

Q.  In  the  edition  of  1862,  do  you  find  this  sentence  as  trans- 
lated :  "  In  one  word  the  frauds  marked  by  the  lacto-densimeter  are 
certain,  but  it  is  far  from  indicating  all  the  frauds  and  it  is  not 
susceptible  of-  general  application ;"  now  sir,  will  you  be  good 
enough  to  read  that  passage  ?  A.  There  is  nothing  remarkable 
about  that ;  I  accept  it  as  you  read  it ;  that  is  so,  it  is  stated  here. 

Q.  I  will  ask  you  has  there  been  a  late  treatise  on  the  subject 
of  milk  by  Charles  Marchand,  the  son  of  Professor  Marchand,  who 
is  mentioned  in  the  book  of  Quevenne,  which  you  have  cited  ?  A. 
There  has. 

Q.  He  is  an  authority  ?     A.  He  is,  sir.  , 

Q.  And  will  you  see  if  he  has  stated  on  page  97,  of  this  book, 
this  :  "  And  every  time  that  we  shall  meet  milk  whose  density  shall 
be  lower  than  1.030  at  the  temperature  of  15  degrees  Centigrade, 
and  which  shall  contain  less  than  30  gr.  of  butter  and  50  gr.  of  lac- 
tine,  we  shall  affirm  with  certainty  and  without  fear,  that  the  milk 
is  falsified  "  ?  A.  I  should  claim  the  right  to  read  all  the  books  I 
referred  to  ;  I  will  show  half  a  dozen  of  strong  antagonistic  author- 
ities in  favor  of  one  the  others  will  offer  to  sustain  that. 

Q.  Dr.  Doremus  will  you  tell  me  how,  by  analysis,  you  deter- 
mine the  amount  of  adulteration  by  water,  or  in  other  words  the 
amount  of  added  water  ?  A.  I  will,  sir  ;  I  would  add  to  the  milk 
rennet. 

Q.  I  will  not  ask  the  method  ;  what  shall  be  the  determination 
of  it  ? 

(Objected  to  ;  objection  sustained.) 

Q.  Dr.  Doremus,  will  you  tell  me  if  you  determine  the  amount 
of  water  added  to  milk  in  testing  its  specific  gravity,  or  whether  you 
simply  determine  the  amount  of  water  in  the  milk  which  you  test  ? 
A.  Simply  the  amount  of  water  present  in  the  milk ;  by  that 
method  it  is  impossible  to  tell  whether  it  has  been  there  or  not. 

Q.  By  which  method  ?     A.  By  the  method  you  refer  to,  specific 


TESTIMONY  OF  BOBEBT  OGDEN  DOBEMUS.  201 

gravity,  but  I  was  about  describing  a  method  by  which  it  could  be 
determined. 

Q.  Is  there  any  normal  standard  of  milk  as  to  the  percentage  of 
water  it  should  contain  ?  A.  I  give  it  up  ;  I  leave  that,  your  Honor, 
to  the  Board  of  Health  to  regulate  ;  I  have  no  standard. 

Q.  You  have  no  standard  ?     A.  I  have  no  standard. 

Q.  If  there  is  no  standard  how  can  you  tell  if  water  has  been 
added  to  it  ?  A.  I  can  tell  that,  but  as  to  the  standard  of  what  the 
specific  gravity  of  milk  shall  be,  is  another  question. 

Q.  I  did  not  ask  that.     A.  I  understood  you  so. 

Q.  Can  you  tell  what  is  the  standard  of  water  in  milk  ? 

(Objected  to.) 

Q.  Can  you  tell  me  the  percentage  of  water  in  milk  ?  A.  It 
varies  with  the  different  authors ;  and  different  chemists  have  dif- 
ferent standards  ;  and  the  Board  of  Health  have  adopted  a  different 
standard ;  I  do  not  profess  to  say  what  shall  be  the  standard. 

By  the  COUBT — Q.  The  question  is,  what  is  the  average  per- 
centage of  water  found  in  milk  ?  A.  I  can  state  in  answer  to  this  what 
I  have  found,  but  I  won't  state  that  as  a  standard,  by  any  means. 

By  Mr.  PBENTICE — Q.  Is  there  any  such  thing  as  an  average  per- 
centage of  water  in  milk  ?  A.  There  is  an  average  percentage  differ- 
ing with  different  chemists  ;  some  claim  one  and  some  another. 

Q.  Is  there  any  agreement  upon  it  at  all  ?     A.  There  is  none. 

Q.  Within* what  limits  does  it  range  ?  A.  "Well,  sir,  from  perhaps 
80  to  90  per  cent.,  or  a  little  over ;  I  could  refer  your  Honor  to 
various  authorities  ;  some  put  the  lowest  gravity  down  to  1.026  and 
others  again  to  1.028,  others  at  1.030,  others  at  an  average  of  1.029 
and  a  half,  others  1.030,  others  1.028  ;  I  could  give  you  half  a  dozen 
of  authorities  ;  there  is  no  fixed  standard. 

Q.  I  understood  you  to  say,  that  you  could  determine  the  amount 
of  water  added  to  the  milk  in  adulteration  by  a  process  of  your  own  ? 
A.  Yes,  sir. 

Q.  If  there  is  no  fixed  standard  of  the  percentage  of  water  in 
milk,  how  can  you  distinguish  between  that  which  is  added  and  that 
which  belongs  to  the  milk  ?  A.  There  is  in  the  serum  of  the  milk 
an  average  standard ;  it  ranges  from  a  certain  point  to  a  certain 
point. 

Q.  Does  not  the  gravity  of  the  serum  vary  with  the  amount  of 


202  TESTIMONY  OF  ROBEBT  OGDEN  DOEEMUS. 

sugar,  and  does  not  that  vary  in  different  milks  ?  A.  The  amount 
of  sugar  is  one  of  the  most  uniform  of  all  the  constituents  of 
milk. 

Q.  Does  it  not  range  from  2  to  6  per  cent?  A.  This  chart 
expresses  it,  yes,  sir — 2.8. 

Q.  It  varies  from  2.8  to  what  ?  A.  Up  to  6,  that  is  according 
to  this  series  of  tables  taken  from  Wurtz'  Dictionary  of  Chemistry, 
the  last  edition ;  the  work  is  still  incomplete  ;  yonder  chart  will 
give  you  the  specific  gravity  of  the  serum. 

Q.  Do  I  understand  then  that  the  maximum  that  that  table  pre- 
sents is  the  percentage  of  6  of  sugar  ? 

(Objected  to.) 

A.  Yes,  sir. 

Q.  Did  you  hear  the  citations  read  from  Wanklyn,  upon  the 
examination  of  witnesses  for  the  prosecution  as  to  the  necessity  of 
fixing  a  standard  for  milk  ?  A.  Well,  I  believe  I  heard  them  read, 
but  I  did  not  pay  particular  attention  to  them,  for  that  author  gives 
such  sweeping  denunciations  of  the  lactometer,  that  I  was  surprised 
to  hear  any  reference  made  to  it. 

Q.  Have  you  found  this  in  reading  Wanklyn,  "  In  dealing  with 
milk  supply  on  a  large  scale,  we  are  little  concerned  with  the 
possibility  of  single  animals  giving  abnormal  milk,  and  need  only 
concern  ourselves  with  milk  of  normal  quality,  all  departures  from 
the  standard  being  looked  upon  as  sophistications."  A.  I  heard 
that. 

Q.  Do  you  agree  with  him  or  not  ?     A.  I  agree  with  him. 

Q.  You  do  agree  with  him  ?  A.  Yes,  sir  ;  this  is  the  work,  your 
Honor,  in  which  it  says,  "  From  a  careful  consideration  of  the  whole 
subject,  I  am  convinced  that  one  of  the  most  necessary  steps  to  be 
taken  in  milk  analysis  is  to  abandon  the  use  of  the  lactometer." 

Q.  Are  you  familiar  with  this  Dictionary  of  Hygiene,  by 
Professors  Tardieu  and  Blythe  ?  A.  I  know  of  it. 

Q.  I  suppose  one  of  the  works  referred  to  by  you  ?  A.  No,  sir ; 
I  referred  to  another  one  of  Tardieu. 

By  the  COURT — Q.  You  have  said  that  the  percentage  in  pure 
milk  of  water  as  distinguished  from  the  other  constituents  of  milk, 
ranged  from  80  to  90 ;  now  that  being,  so  far  as  you  have  stated, 
the  range  of  quantity,  is  not  the  specific  gravity  of  a  given  specimen 


TESTIMONY  OF  EGBERT  OGDEN  DOREMUS.  203 

of  pure  milk  from  the  cow  more  likely  to  depend  upon  the  quantity 
of  water  in  the  milk  than  upon  the  weight  of  all  the  other  constit- 
uents of  the  milk  or  not  ?  A.  Your  Honor,  I  consider  that  the 
cream  balances  the  water,  for  the  reason  that  as  I  have  shown  some 
of  the  lowest  gravity  of  milks  exhibit  the  cause  of  their  low  gravity 
by  their  abundance  of  cream,  not  water. 

Q.  Is  it  not  more  likely — could  you  ascertain  by  the  lactometer 
the  specific  gravity  of  a  certain  given  quantity  of  milk  ;  it  is  conceded 
that  if  that  is  properly  graduated,  it  ascertains  that  fact  without 
making  any  further  analysis  or  investigation  as  to  the  relative 
weights  of  the  different  constituents  of  milk ;  is  not  the  specific 
gravity  of  that  milk  more  likely  to  depend  upon  the  weight  of  the 
water  it  contains,  than  the  weight  of  all  the  other  constituents  of  the 
milk,  the  weight  of  the  water  as  shown  by  experience  being  much 
greater  ?  A.  I  think  that  the  most  that  can  be  said,  if  you  omit  the 
cream  relationship  that  I  speak  of,  is  that  it  is  merely  suspicious 
and  only  warrants  one  to  make  a  further  examination  such  as  the  law 
in  Paris  requires,  that  if  the  lactometer  is  very  low,  then  be  cautious 
to  take  a  sample  and  submit  it  to  a  chemist  for  an  examina- 
tion. 

By  Mr.  PRENTICE — Q.  This  is  an  instrument  that  you  have  tes- 
tified to  before  as  used  for  what  purpose  ?  A.  For  testing  the 
gravity  of  alcohol. 

Q.  What  do  you  call  it  ?     A.  An  alcoholometer. 

Q.  How  much  greater  is  the  range  of  scale  on  this  instrument 
than  on  the  lactometer  ?  A.  Well,  sir,  it  passes  from  the  gravity  of 
water  to  the  gravity  of  pure  alcohol. 

Q.  In  degrees,  how  much  greater  is  the  range  of  this  scale 
than  that  ?  A.  It  is  apparent  to  the  eye  ;  it  is  nearly  twice  the 
length. 

Q.  I  am  not  talking  about  the  measure,  I  am  talking  of  the 
number  of  degrees ;  if  the  degrees  on  this  instrument  were  as  long 
as  the  degrees  of  that  instrument,  would  not  this  instrument  be 
very  much  longer  ?  A.  It  would  be  longer,  but  the  principle  would 
be  the  same. 

Q.  Would  it  be  over  6  feet  longer  ?  A.  No,  sir,  I  do  not  think 
it  would. 

Q.  It  would  be  very  much  longer  than  this  ?     A.  It    would  be 


204  TESTIMONY  OF  BOBEET  OGDEN  DOBEMUS. 

longer  than  this ;  they  are  all  on  the  same  principle  ;  they  are 
areometers  ;  if  it  is  a  heavy  liquid 

Q.  Are  you  able  to  swear  that  there  is  no  difference  ;  are  you 
able  to  say  positively  that  there  is  not  a  difference  upon  the  scale 
of  degrees  upon  this  lactometer  ?  A.  I  doubt  if  I  could  ;  I  have  not 
observed  it  critically. 

Q.  Is  it  not  stated  that  the  smaller  intervals  on  the  hydrometer's 
scale  may  always  be  subdivided  into  equal  parts  by  estimation  or 
otherwise,  without  appreciable  error ;  is  not  that  the  rule  laid 
down?  A.  I  know  in  Watts'  Dictionary  very  distinctly  that  a 
full  page  is  devoted  to  the  correction  of  these  irregularities  in  the 
measurements  of  instruments  giving  figures  as  to  how  much  wider 
they  should  be. 

Q.  How  many  specimens  of  milk  of  cows  did  you  take  for  ex- 
amination of  those  which  you  have  testified  about  in  Orange 
county  ?  A.  Of  those  that  I  first  spoke  of? 

Q.  How  many  were  there  ?     A.  I  believe  about  a  dozen. 

Q.  And  were  there  more  than  five  of  those  that  fell  below  the 
standard?  A.  No,  sir. 

Q.  Only  five  ?     A.  No,  sir. 

Q.  And  that  lowest  one  that  you  have  testified  to  to-day  was 
the  milk  of  the  black  cow  ?  A.  That  was  not  obtained  by  myself 
personally. 

Q.  But  the  one  you  have  mentioned  ?  A.  As  low  gravity, 
simply  ? 

Q.  That  was  the  black  cow,  was  it?     A.  It  was. 

Q.  How  came  you  to  go  to  Orange  county?  A.  I  was  asked  by 
Mr.  Lawrence  if  I  would  make  an  examination. 

Q.  That  is  the  counsel  in  this  case  ?    A.  The  counsel  in  this  case. 

Q.  And  have  you  been  for  several  years  employed  by  the  milk 
association  ?  A.  I  have  not,  sir ;  at  the  time  I  went  I  was  not 
aware  that  there  was  a  milk  association  in  New  York. 

Q.  Who  went  with  you  ?  A.  Two  gentlemen,  one  Mr.  Pond, 
an  American  gentleman,  a  most  original  character,  and  another,  Mr. 
Schaffer,  whom  I  have  since  learned  was  president  of  the  milk  asso- 
ciation, which  I  was  not  aware  of  at  the  time. 

Q.  Did  Mr.  Pond  belong  to  the  milk  association  ?  A.  Not  to  my 
knowledge  ;  it  is  an  association,  I  believe,  of  Germans. 


TESTIMONY  OF  ROBERT  OGDEN  DOREMUS.  205 

Q.  The  experiments  that  you  mentioned  as  having  been  made 
there,  were  they  made  in  open  vessels  ?  A.  They  were,  sir. 

Q.  "Were  there  not  three  gentlemen,  Messrs.  Pond,  Knauer,  and 
Schaffer  ?  A.  I  think  there  were  but  two  of  them  ;  my  printed  tes- 
timony would  tell. 

Q.  These  experiments  of  cooling  the  milk  were  made  in  open 
vessels?  A.  They  were,  sir,  under  my  personal  supervision. 

Q.  Can  you  tell  me  how  much  milk  the  bob-tailed  cow  gave  ? 
A.  I  do  not  know  whether  I  can  or  not ;  I  will  look,  but  all  the  cows 
were  giving  pretty  liberally  at  that  time  ;  it  was  a  favorable  season 
of  the  year  ;  that  is  my  impression  ;  I  will  see  if  I  have  a  record  of 
it ;  I  have  a  record  of  the  amount. 

Q.  Have  you  a  record  of  the  amount  of  any  of  the  other  cows  ? 
A.  I  think  I  have  not;  I  would  like  to  add  to  that  that  they  were 
all  giving  their  milk  liberally  ;  it  was  not  strippings  of  cows  dried 
up. 

Q.  You  are  the  Dr.  Doremus  who  testified  in  the  case  of  Kneib  ? 
A.  I  am,  sir. 

Q.  Do  you  know  there  was  a  trial  subsequent  to  that,  the  case 
of  Joechter  ?  A.  I  do  not ;  I  know  there  have  been  a  number  of 
trials,  but  I  never  heard  of  that  case  before. 

Q.  Do  you  know  there  was  a  case  tried  subsequent  to  the  case 
of  Kneib  in  which  experts  testified  as  to  the  lactometer  ? 

(Objected  to.) 

Q.  In  the  trial  of  the  Kneib  case  did  you  give  this  testimony  on 
page  37,  in  answer  to  the  question,  "  Then  you  regard  distillery 
waste  in  a  state  of  fermentation  as  a  nutritious  article  of  diet  for 
cows  ?"  "  I  know  it  to  be  a  wholesome  article  of  diet."  Did  you 
answer  that  in  that  way  on  that  trial  ? 

(Objected  to  ;  objection  sustained.) 

Q.  Have  you  at  any  time  stated  that  you  believe  distillery  swill 
to  be  a  nutritious  and  wholesome  article  of  diet  for  cows  ? 

(Objected  to  ;  objection  sustained.) 

Q.  Have  you  not  recommended  as  food  for  cows  the  use  of  dis- 
tillery slops  and  waste  ? 

(Objected  to.) 

Q.  Are  you  the  Dr.  Doremus  mentioned  in  this  article  :  "A  meet- 
ing of  the  Milk  Dealers'  Association  was  held  last  evening  at  98 


206  TESTIMONY  OF  EOBEKT  OGDEN  DOEEMUS. 

Allen  street.  Henry  Schaffer  said  that  a  decision  was  necessary  as 
to  what  action  should  be  taken  with  reference  to  the  recent  arrests 
of  milk  dealers  by  order  of  the  Board  of  Health  ;  he  claimed  that 
Professor  Chandler  was  in  error  when  he  attributed  to  the  lacto- 
meter any  power  to  test  the  quality  of  milk,  and  said  in  his  opinion 
he  was  sustained  by  Professor  Doremus  ;  it  was  impossible  to  arrive 
at  any  decision  except  by  a  thorough  analysis,  for  the  most  impure 
swill  milk  often  showed  a  higher  degree  of  specific  gravity  than 
pure  milk  ;  a  letter  from  Professor  Doremus  was  read  as  follows  : 
'  Let  me  suggest  that  if  your  society  intends  to  fight  the  lactometer 
this  fall,  you  should  now  visit  the  part  of  Orange  county  that  we 
were  at  a  year  ago,  to  collect  additional  evidence  by  testing  the 
milk  of  cows  in  that  region ;  at  this  season  of  the  year  milk  of  very 
low  gravity  can  be  obtained  ;  a  few  weeks  later  it  may  not  be  so 
readily  got?'" 

(Objected  to ;  objection  sustained.) 

Q.  Have  you  not  been  lecturing  and  talking  against  the  lacto- 
meter ?  A.  I  have  always  talked  against  the  lactometer,  and  believe 
it  to  be  one  of  the  great  causes  of  fraud  in  our  city.  It  is  worthy 
of  the  talent  of  Herod. 

Q.  You  have  been  present  at  this  trial  during  all  the  days,  have 
you  not  ?  A.  Not  entirely  ;  a  good  part  of  them. 

Q.  Did  you  hear  the  evidence  of  the  expert  witnesses  for  the 
prosecution?  A.  Most  of  them  ;  I  did  not  hear  those  few  towards 
the  last. 

Q.  Do  you  agree  or  disagree  with  them,  as  to  the  use  of  the 
lactometer ;  how  is  that  ?  A.  As  regards  the  use  of  the  lacto- 
meter ? 

Q.  Yes,  sir.     A.  "With  all  the  senses  ? 

Q.  Yes,  sir.     A.  I  disagree  with  them  most  markedly. 

By  the  COUKT — Q.  But  you  do  agree  with  them  so  far  as  they 
stated  the  lactometer  properly  constructed  and  graduated  would 
determine  the  specific  gravity  of  the  fluid  in  which  it  was  in- 
serted, the  milk  ?  A.  I  do,  sir,  but  I  also  stated  that  that  knowl- 
edge was  of  no  use. 


TESTIMONY  OF  GEORGE  F.  BARKER.  207 


WEDNESDAY,  December  27,  1876. 

Mr.  PRENTICE  read  by  stipulation  the  evidence  of  Prof.  Geo.  F. 
Barker,  taken  in  the  case  of  John  Joechter,  tried  Feb.  2,  1876. 

GEORGE  F.  BARKER,  sworn : 

Q.  You  are  a  professor  at  Yale  College  ?     A.  I  am  not  now. 

Q.  You  were?     A.  Yes,  sir,  I  was. 

Q.  What  was  your  chair,  and  what  is  your  present  position  ? 
A.  I  had  the  chair  of  physiological  chemistry,  and  I  am  now  pro- 
fessor of  physics  in  the  University  of  Pennsylvania. 

Q.  What  has  been  your  professional  experience  ?  A.  My  pro- 
fession at  Yale  college  was  chemistry,  and  at  Albany,  doctor  of 
medicine.  Since  1861,  I  have  been  a  professor  of  chemistry  up  to 
three  years  ago  in  various  institutions.  Three  years  ago  I  moved 
to  Pennsylvania,  and  took  the  chair  of  physics.  My  business  of 
course  has  been  instruction. 

Q.  Has  the  subject  of  pure  cow's  milk,  and  the  method  of  testing 
it,  been  under  your  inspection  ?  A.  Yes,  sir,  it  has  occupied  my 
attention  in  discharging  the  duties  of  my  chair,  and  the  investiga- 
tions I  have  made  with  a  view  to  instruct  my  classes. 

Q.  Have  you  lectured  on  the  subject  of  milk  ?     A.  I  have. 

Q.  And  the  literature  upon  the  subject,  the  standard  works, 
you  are  acquainted  with  them  ?  A.  Yes,  sir. 

Q.  You  have  heard  the  evidence  of  President  Morton  ?  A.  Yes, 
sir. 

Q.  And  the  lactometer,  you  consider  it  to  be  a  hydrometer  ? 
A.  Yes,  sir. 

Q.  How  is  it  as  giving  the  test  of  the  specific  gravity  of  liquids  ? 
A.  It  is  a  floating  body,  and  a  floating  body  floats  in  virtue  of  the 
principle  that  a  floating  body  thrown  into  a  liquid  will  sink,  until  it 
displaces  its  own  weight  of  that  liquid  ;  if  the  liquid  be  heavier  than 
water  it  will  not  have  to  sink  as  far ;  the  hydrometer  is  the  generic 
name  of  all  instruments  used  for  floatation  ;  the  lactometer  is  used 
for  testing  milk. 

Q.  How  do  you  determine  the  specific  gravity  of  pure  cow's 
milk?  A.  By  the  lactometer. 


208  TESTIMONY  OF  GEORGE  F.  BARKER. 

Q.  Now,  a  lactometer  graduated  upon  the  scale  of  1.029,  as  a  test 
for  the  specific  gravity  of  pure  cow's  milk,  what  is  your  opinion  in 
relation  to  that  ?  A.  My  opinion  is  that  any  form  of  the  hydro- 
meter may  be  as  accurate  as  any  other  instrument,  and  the  lac- 
tometer is  no  exception. 

Q.  Now  take  it  at  the  graduation  of  1.029,  now,  sir,  I  ask  that  as 
the  scale  for  the  testing  of  the  specific  gravity  of  pure  milk,  the 
scale  of  1.029 — what  is  your  opinion  as  to  its  reliability,  or  the  pro- 
priety of  that  grade  ?  A.  As  I  understand  the  question,  it  is  in 
reference  to  this  instrument ;  I  cannot  tell  by  inspection  what  this 
instrument  is  graduated  for ;  each  instrument  must  be  tested  by 
itself. 

Q.  Now,  sir,  what  would  in  your  opinion  be  a  proper  standard 
for  a  lactometer  to  test  pure  milk? 

(Question  objected  to  by  the  defense ;  overruled ;  exception.) 

A.  The  specific  gravity  of  1.029,  in  my  opinion,  would  be  a  cor- 
rect figure  of  the  minimum  for  the  correct  gravity  of  milk. 

Q.  Do  you  know  what  the  standard  of  the  Board  of  Health  is  in 
its  lactometer?  A.  Not  of  my  own  knowledge. 

Q.  Can  it  be  pure  milk,  which  has  not  been  manipulated  in  some 
way,  if  it  stands  below  100  degrees  ?  A.  No,  sir. 

Q.  In  experimenting  upon  milk,  do  the  conditions  under  which 
the  experiment  is  made  have  any  effect  upon  determining  the 
accuracy  of  the  experiment  ?  A.  They  do. 

Q.  If  milk  should  be  found  at  a  temperature  of  60  degrees 
Fahr.  to  stand  at  88  degrees  on  a  lactometer  graduated  to  the  scale 
of  1.029,  what  would  that  prove  as  to  the  gravity  of  the  milk?  A. 
It  would  prove  that  some  lighter  substance  had  been  mixed  with  it. 

Q.  Which  is  the  lighter,  water  or  milk  ?     A.  Water. 

Q.  Would  milk  tested  under  such  conditions  standing  lower  than 
88  degrees  be  pure  milk  ? 

(Question  objected  to  by  the  defense  ;  overruled  ;  exception.) 

A.  No,  sir  ;  it  would  not. 

Q.  If  the  milk  which  is  tested  has  been  cooled  in  an  open  pan 
in  water  and  not  cooled  by  yourself,  would  you  consider  that  to  be 
a  safe  condition  in  determining  the  accuracy  of  the  instrument 
which  you  were  using?  A.  My  confidence  in  the  result  would 
depend  entirely  upon  the  confidence  I  had  in  the  person  making 


TESTIMONY  OF  GEORGE  F.  BARKER.  209 

the  experiment ;   if  I  made  the  experiment  alone,  entirely  without 
any  outside  interference,  I  would  consider  it  reliable. 

(Question  repeated.) 

A.  I  should  not  consider  it  safe. 

Cross-examined: 

Q.  How  many  methods  are  there,  Doctor,  of  ascertaining  the 
purity  of  milk  ?  A.  I  really  do  not  know. 

Q.  Is  there  any  more  certain  .method  of  testing  the  purity  of 
milk  than  by  the  lactometer,  which  I  understand  you  to  say  is  only 
a  test  of  its  gravity  ?  A.  Yes,  sir  ;  as  to  quality. 

Q.  What  is  it  ?     A.  The  shortest  method  is  analysis. 

Q.  That  is  the  shortest  method  of  determining  whether  or  not 
milk  is  pure  ?  A.  Yes,  sir. 

Q.  Then  if  you  were  to  take,  Doctor,  a  sample  of  milk  and  were 
requested  to  determine  whether  it  was  pure  milk,  the  surest  method 
of  ascertaining  whether  it  was  pure  milk  would  be  by  making  analy- 
sis ?  A.  Yes,  sir  ;  with  the  same  restrictions  as  before. 

Q.  The  lactometer  is  simply  a  test  of  the  gravity  of  the  milk  ? 
A.  Yes,  sir ;  that  is  all. 

Q,  And  the  surest  method  of  ascertaining  whether  milk  is  adul- 
terated or  not  is  to  make  an  analysis  of  it  ?  A.  Yes,  sir. 

He-direct  : 

Q.  In  determining  the  adulteration  of  milk  by  water  is  the 
analysis  any  more  certain  method  of  detection  of  impurity  of  this 
kind  without  reference  to  the  degree  of  impurity,  than  the  lactome- 
ter ?  A.  It  would  not. 

Q.  The  lactometer  is  just  as  sure  a  test  of  adulteration  by  water 
as  the  analysis  ?  A.  It  is. 

He-cross : 

Q.  If  milk  is  adulterated  with  water  it  of  course  lessens  its 
gravity  ?  A.  Yes,  sir. 

Q.  Then  a  lactometer  when  inserted  would  simply  indicate  what 
the  gravity  of  the  milk  was,  and  indicate  that  it  was  watered  ?  A. 
Yes,  sir. 


210  TESTIMONY   OF   HENRY?,  'Wl    TBAUGHAN. 

Q.  If  it  fell  below  a  certain  degree  ?     A.  Yes,  sir. 

Q.  Then  take  a  case  of  absolutely  pure  milk  from  a  well  fed 
healthy  cow  and  a  test  is  made  with  the  lactometer  ;  doesn't  it  show 
a  less  degree  of  gravity  than  in  a  case  of  skimmed  milk? 

(Question  objected  to  by  the  prosecution ;  overruled  by  the 
Court ;  exception  taken.) 

A.  It  does. 

Q.  Then  in  a  case  of  skimmed  milk  where  the  lactometer  would 
show  a  higher  degree  than  in  a  case  of  absolutely  pure  milk,  if  you 
desire  to  ascertain  whether  the  skimmed  milk  was  adulterated  it 
would  be  necessary  for  you  to  make  an  analysis,  wouldn't  it,  as  a 
sure  test  ?  A.  I  should  say  not. 

Q.  Then  do  I  understand  you  to  testify  that  the  lactometer  when 
inserted  in  skimmed  milk,  would  be  a  sufficient  indication  to  your 
mind,  if  it  showed  a  certain  gravity,  that  the  milk  was  adulterated, 
simply  by  the  test  of  the  lactometer  ? 

(Question  objected  to  by  the  prosecution  ;  overruled  ;  exception 
taken.) 

Q.  Take  a  sample  of  skimmed  milk  and  insert  the  lactometer, 
and  if  it  should  show  a  certain  degree  above  100  degrees,  would 
that  be  a  certain  indication  to  your  mind  that  the  milk  was  adul- 
terated, or  would  you  require  to  make  an  analysis  first  to  satisfy 
you  that  the  milk  was  adulterated  ?  A.  The  fact  that  the  lactome- 
ter stands  higher  than  in  pure  milk  would  be  proof  positive  to  my 
mind  that  the  pure  milk  has  been  adulterated  by  water  to  make  it 
skimmed  milk. 

Q.  Aren't  there  certain  substances,  which  if  put  into  skimmed 
milk,  would  make  it  show  higher  on  the  lactometer  ?  A.  Yes,  sir. 

Q.  Skimmed  milk  will  show  higher  than  pure  milk  ?  A.  Yes, 
sir. 

Q.  It  does-  show  higher  than  pure  milk  ?     A.  Yes,  sir. 

HENKY  W.  VAUGHAN,  sworn  and  examined  by  Mr.  WAEHNER  : 

Q.  What  is  your  profession  ?  A.  State  Assayer  of  Rhode  Island 
and  Analytical  and  Consulting  Chemist  of  the  City  of  Providence 
and  City  Inspector  of  Milk  of  the  State. 

Q.  Have  you  made  the  subject  of  milk  a  special  study,  and  have 


TESTIMONY  OF  HENEY  W.   Y&UGHAN.  211 

YOU  made  practical  experiments  for  some  time  past  ?  A.  Yes,  sir  ; 
I  have. 

Q.  How  long  ?  A.  I  have  held  the  position  of  City  Inspector 
of  Milk,  I  think,  five  years  ;  during  that  time  I  have  constantly  been 
analyzing  and  examining  milk  and  making  milk  a  subject  of  inves- 
tigation, and  before  that  time  I  analyzed  milk  for  Doctor  Wiggins, 
who  was  then  the  Inspector. 

Q.  Have  you  made  tests  of  milk  with  the  lactometer  ?  A.  Yes, 
sir ;  I  have. 

Q.  Frequently  ?     A.  Yes,  sir. 

Q.  Have  you  found  pure  milk  standing  below  1.029  to  your  own 
knowledge  ?  A.  Yes,  sir. 

Q.  Many  instances?     A.  Yes,  sir;  a  good  many. 

Q.  Did  you  have  any  evidence  that  the  condition  of  the  cows 
was  healthy  from  which  such  milk  came  ?  A.  I  believed  them  to 
be  so  ;  they  were  from  the  farm  of  Governor  Sprague,  a  choice 
selection  of  cattle. 

Q.  Will  you  state  what  the  practice  in  Providence  and  in  the 
State  of  Rhode  Island  is,  as  practiced  by  you,  of  testing  milk  ? 

(Objected  to.) 

COUNSEL — We  desire  to  show  that  the  evidence  of  the  lactometer 
is  not  received  in  the  State  of  Rhode  Island  ;  that  it  is  not  regarded 
as  a  test,  and  we  bring  here  an  experienced  witness,  the  Inspector 
of  Milk  of  the  City  of  Providence,  to  demonstrate  that  the  instru- 
ment is  an  unreliable  instrument. 

The  COURT — I  exclude  the  evidence  upon  the  ground  that  I 
remarked  yesterday  generally  that  it  is  irrelevant  to  the  issue. 

COUNSEL — We  except  to  the  ruling  of  the  Court. 

Q.  Now,  sir,  from  the  evidence  of  the  senses  in  conjunction  with 
the  lactometer  and  thermometer  would  you  give  it  as  your  opinion 
that  an  article  was  adulterated  milk  with  water  or  not  ?  A.  I  would 
not  swear  that  it  was  milk  by  testing  it  with  the  lactometer  ;  I  could 
not  tell  whether  it  was  milk  or  not. 

Q.  I  am  putting  it  in  conjunction  with  your  senses,  whether  you 
would  say,  from  the  evidence  of  your  senses  coupled  with  the  lacto- 
meter— whether  you  would  say  it  was  adulterated  with  water  or  not  ? 
A.  No,  sir ;  I  do  not  think  you  could  swear  to  it ;  you  would  sur- 
mise that  such  was  the  case  ;  I  do  not  think  the  report  could  be 


212  TESTIMONY  OF  HENRY  W.    VAUGHAN. 

given  from  the  lactometer  and  the  senses  in  regard  to  whether  it 
was  adulterated  milk  or  not. 

Q.  Is  there  any  method  of  ascertaining  with  accuracy  whether 
or  not  milk  is  adulterated  with  water,  that  you  know  of  ?  A.  The 
answer  is,  practically,  yes,  sir. 

Q.  What  is  that  method  ?     A.  By  chemical  analysis. 

Q.  Any  other  method  that  you  know  of?  A.  No  accurate 
method. 

By  the  COURT — Q.  If  by  that  kind  of  hydrometer  called  the  lacto- 
meter, properly  graduated  and  properly  used,  used  with  care  for  the 
testing  of  milk,  if  you  inserted  it  into  a  liquid  looking  like  milk  and 
tasting  like  milk,  and  the  hydrometer  should  mark  75  specific 
gravity,  indicated  on  the  graduated  scale  of  the  lactometer  25  degrees 
below  100,  could  you  not  by  examining  it  with  the  eye  and  taste  and 
touch  and  by  the  senses  generally,  could  not  you  determine  whether 
the  milk  was  watered  or  not,  could  you  pass  any  opinion  upon  it  ? 
A.  May  I  ask  one  of  the  scientific  gentlemen  present,  would  the  de- 
gree of  75  correspond  to  the  true  specific  gravity  ;  there  are  different 
lactometers  in  different  cities  ? 

Q.  It  appears  by  all  the  evidence,  bearing  on  the  point  in  the 
case,  that  the  lactometer  which  was  used  in  the  case  we  are  investi- 
gating here  on  this  trial  was  absolutely  correct — there  is  no  contra- 
dictory evidence  on  that  point — at  100  on  a  graduated  scale  ;  by 
absolutely  correct  is  meant  as  showing  the  specific  gravity  at  1.029; 
I  believe  75  was  another  point.  A.  Now,  I  will  answer  your 
question. 

Q.  My  question  is  assuming  that  the  lactometer  showed  a 
specific  gravity  of  1.021  ?  A.  The  general  inference  would  be,  that 
such  milk  was  adulterated  by  water  or  some  lighter  substance  than 
the  milk,  if  it  were  normal  to  start  with. 

By  Mr.  PRENTICE — Q.  What  other  substances,  Doctor,  than  water 
could  it  be  adulterated  with,  milk  ?  A.  It  could  be  adulterated 
with  alcohol ;  practically  water  would  be  an  adulterant ;  it  is 
naturally  the  cheapest  fluid  to  add  to  it. 

Q.  Well,  how  much  cream  would  it  take  to  reduce  to  that  point? 
A.  To  reduce  it  to  1.021  ? 

Q.  Yes,  sir ;  8  degrees.     A.  I   cannot   give   you  the  figures ;  it 


TESTIMONY  OF  HENRY  W.  VAUGHAN.  213 

would  take  an  enormous  amount  of  cream,  a  large  amount  of  cream 
to  bring  it  to  1.021. 

By  a  JUROR — Q.  If  so  much  was  added  could  that  be  detected 
by  the  eye ;  could  any  one  tell  that  was  accustomed  to  look  at 
milk  ?  A.  Cream  naturally  looks  rich  and  yellow. 

Q.  Could  an  inspector  of  milk  ?  A.  I  see  a  large  amount  of 
milk  daily,  and  I  become  more  or  less  accustomed  to  its  appear- 
ance ;  I  can  judge  more  or  less  accurately  as  to  its  adulteration ; 
we  use  the  smaller  cans  in  Rhode  Island,  the  ten-quart  cans  ;  I  go 
out  in  the  morning  with  the  officer  who  is  appointed  to  accompany 
me  ;  he  pours  from  one  can  of  milk  to  another,  and  if  I  think  that  is 
too  high  in  color  brown  sugar  has  been  added. 

By  the  COURT — Q.  Does  not  the  water  of  normal  milk,  ordinary 
pure  cow's  milk,  the  water  which  has  entered  into  its  composition 
and  which  is  secreted  by  the  secretions  of  the  cow,  weigh  a  great 
deal  more  than  all  the  other  constituents  of  the  milk  put  together  ? 
A.  Yes,  sir. 

Q.  Is  not  the  proportion  something  like  this — 87  or  88  to  12  or 
13  ?  A.  Yes,  sir. 

Q.  Assuming  that  the  weight  of  water  in  normal  average  pure 
milk  is  87  or  88,  now  when  you  find  a  specimen  of  milk  which  is  of 
the  specific  gravity  of  75,  is  it  not  a  fair  conclusion  that  that  has 
come  froni  water  or  something  lighter  that  has  made  it,  which  was 
put  into  the  milk ?  A.  Yes,  sir;  either  an  excess  of  water  or  an 
excess  of  some  lighter  fluid,  water  probably. 

Q.  Is  not  the  extraordinarily  diminished  gravity  from  a  standard 
more  likely  to  depend  on  the  quantity  of  water  that  the  specimen 
contains  than  the  quantity  of  anything  else  ?  A.  Cream  and  water 
would  have  the  same  effect  in  reducing  its  specific  gravity. 

By  Mr.  PRENTICE — Q.  I  understood  you  to  say  that  cream  could  be 
distinguished  by  one  accustomed  to  observe  it  ?  A.  Yes ;  unless 
they  resort  to  a  method  which  is  frequently  practiced  down  east  of 
adding  burnt  sugar  to  the  milk  to  give  it  that  yellow  appearance 
which  cream  ordinarily  has. 

Q.  Would  the  consistency  be  any  different  then  ?  A.  I  beg  your 
pardon  ;  I  did  not  exactly  comprehend  the  question. 

Q.  Would  the  thickness  of  the  fluid  be  different  in  one  case  than 


214  TESTIMONY  OF  HENKY  W.  VAUGHAN. 

in  the  other?     A.  There  is  frequently  added  to  the  milk  burnt 
sugar  and  a  saline  solution  of  the  same  specific  gravity  as  milk. 

Q.  I  am  not  talking  about  the  weight,  I  am  talking  about  the 
thickness  of  the  fluid  ;  I  am  told  the  scientific  term  is  viscosity ; 
would  there  be  any  difference  between  the  two  ?  A.  I  understand 
your  question ;  I  say  that  burnt  sugar  has  a  tendency  to  approxi- 
mate that  color  ;  it  is  added  for  the  purpose  of  deceiving  the  eye. 

Q.  I  am  talking  of  what  I  call  thickness  in  vulgar  language ; 
now,  sir,  how  about  that  ?  A.  I  say  it  is  rather  difficult  to  see  the 
thickness  pouring  from  one  can  to  another  ;  you  would  get  the 
difference  by  determining  its  specific  gravity,  either,  if  it  were  rich 
in  cream 

Q.  Suppose  you  observe  it  on  the  glass  lifting  the  lactometer, 
would  there  be  a  difference  ?  A.  Yes,  sir  ;  there  would  be  a  differ- 
ence. 

Q.  Now,  sir  ;  you  have  published  annual  reports,  have  you  not  ? 
A.  Yes,  sir  ;  they  should  be  annual;  they  have  not  followed  every 
year. 

Q.  Will  you  be  good  enough  to  look  at  these  two  and  see  if  they 
are  your  reports  ?  (Papers  shown  to  the  witness.)  A.  Yes,  sir  ;. 
they  are. 

Q.  "Will  you  be  good  enough  to  say  if  this  is  your  own  report : 
"It  is  found  that  good  milk  has  a  specific  gravity  from  1.029  to  1.033, 
water  being  1.000  ;  in  testing  milk,  the  lower  number  is  selected  as 
a  fair  gravity  for  pure  milk,  and  whenever  the  gravity  falls  below 
this  number,  it  may  be  considered  as  containing  an  excess  of  water"  ? 
A.  You  will  pardon  me  one  moment ;  I  think  that  the  following 
sentence  has  a  bearing  upon  the  other  one ;  I  cannot  say  that  it 
does,  but  it  is  my  impression. 

Q.  You  have  a  right  to  make  any  explanation.  A.  I  think  I 
can  possibly  answer  the  statement  and  bring  out  what  you  wish  to 
get  at  without  any  further  questions  possibly,  that  it  is  rather  un- 
common to  find  a  milk  of  a  lower  specific  gravity  than  1.029. 

Q.  My  question  was,  is  that  your  report  and  are  those  your 
words  ?  A.  Yes,  sir. 

Q.  Was  that  correct  ?     A.  Yes,  sir. 

Q.  Those  were  your  words  ?     A.  Yes,  sir. 

By  the  COURT — Q.  You  are  a  public  officer?     A.  Yes,  sir. 


TESTIMONY  OF  THOMAS  C.  DOREMUS,  JR.  215 

Q.  It  was  a  report  of  yours  as  a  public  officer  ?     A.  Yes,  sir. 

Q.  Made  to  whom?  A.  Made  to  the  Mayor  and  Board  of 
Aldermen. 

Q.  By  whom  you  were  appointed  ?     A.  Yes,  sir. 

Q.  Then  the  report  is  an  official  act  done  by  you  in  the  perform- 
ance of  an  official  duty  ?  A.  It  is. 

By  Mr.  PRENTICE — Q.  "Well,  sir  ;  I  read  now  from  your  report  of 
1875  ;  please  say  to  me  if  you  made  that  report,  and  if  these  are  your 
words :  "  Good  milk  has  a  specific  gravity  of  from  1.029  to  1.033,  water 
being  1.000  ;  the  lower  number  is  selected  as  a  fair  gravity  for  pure 
milk,  and  whenever  the  gravity  falls  below  this  number  it  may  be 
considered  as  containing  an  excess  of  water"  ;  is  that  yours?  A. 
Yes,  sir. 

Q.  And  that  is  from  your  report  ?     A.  Yes,  sir. 

By  Mr.  WAEHNER — Q.  But  in  giving  your  testimony  as  to  whether 
or  not  there  had  been  added  water,  would  you  swear  that  there  had 
been  ? 

(Objected  to). 

Q.  If  you  found  a  sample  of  milk  standing  lower  than  1.029  would 
you  swear  that  it  had  been  watered  ? 

(Objected  to  ;  objection  overruled.) 

A.  I  stated  before  that  I  examined  milk  having  a  lower  specific 
gravity  than  1,029. 

Q.  Would  such  an  examination  amount  to  anything  more  than 
an  inference. 

(Objected  to  ;  question  withdrawn.) 

WITNESS — In  justice  to  myself,  as  the  report  may  be  published,  I 
wish  to  state  that  1.029  is  as  low  as  milk  is  ordinarily  found  under 
certain  conditions  ;  the  specific  gravity  may  be  less,  but  1.029  is 
lower  than  the  average  milk  in  Rhode  Island. 

THOMAS  C.  DOREMUS,  JR.,  recalled  by  Mr.  WAEHNER  : 

Q.  Mr.  Doremus,  I  understand  that  you  visited  Mr.  Mulford's 
establishment  upon  the  18th  of  December,  and  procured  from  there 
certain  samples  of  milk  ?  A.  I  did,  sir. 

Q.  Did  you  see  all  the  cow's  milk  from  which  you  procured 
these  samples  ?  A.  Yes,  sir  ;  I  did. 


216  TESTIMONY   OF   THOMAS   C.    DOREMUS,   JR. 

Q.  Did  you  test  the  milk  which  you  thus  procured  with  the 
lactometer  and  thermometer  ?  A.  I  did,  sir. 

Q.  Now  you  paid  a  visit  on  the  24th  of  December  also  to  the 
same  place  and  procured  certain  samples  of  milk  ?  A.  I  did,  sir. 

Q.  Now,  did  you  test  those  samples  of  milk  with  the  lactometer 
and  thermometer  before  passing  it  out  of  your  possession  ?  A.  Yes, 
sir ;  I  did. 

Q.  Now,  have  you  your  memorandum  book  with  you  containing 
memorandums  made  at  the  time  of  your  second  visit  ?  A.  Yes,  sir. 

Q.  Will  you  produce  that  in  Court  and  state  exactly  what  you 
did  at  Mulford's  establishment  ?  A.  I  went  to  Mulford's  and  there 
met  Dr.  Waller. 

By  the  COURT — This  is  the  last  occasion  you  speak  of?  A.  The 
last,  the  24th  of  December,  and  there  met  Dr.  Waller  and  Dr. 
O'Connor ;  in  the  morning  we  all  went  into  the  cow  stable,  and 
when  we  arrived  there  we  found  that  they  gave  the  impression  they 
were  on  our  side  of  the  case  and  we  on  the  other ;  we  all  went  into 
the  stables  and  saw  the  cows  milked  and  we  tested  the  inilk 
together,  they  with  their  lactometers  and  we  with  ours  ;  we  saw  a 
cow  named  Charlie. 

Q.  State  the  quantities  of  each  so  that  we  will  see  how  much 
strippings  there  were  from  each?  A".  Cow  Charlie  on  the  lac- 
tometer was  108  5-10,  60  degrees  Fahr.,  gave  about  four  quarts ; 
the  Bed  cow  104  on  the  lactometer,  60  Fahr.,  six  quarts;  blue  cow 
112  on  the  lactometer,  65-10  Fahr.,  six  quarts  ;  the  cow  Gypsy,  107 
on  the  lactometer,  60  Fahr.,  five  quarts  ;  the  cow  Andrew,  104  on  the 
lactometer,  59  Fahr.,  half  a  pint;  the  cow  Fannie,  91  1-2  on  the 
lactometer,  59  5-10  Fahr.,  one  pint ;  the  cow  Star,  103  5-10  on  the 
lactometer,  60  Fahr.,  one  pint ;  the  cow  Ryder,  103  on  the  lactometer, 
63  Fahr.,  three  pints ;  the  cow  Mooley,  98  5-10  on  the  lactometer, 
61  Fahr.,  one  pint ;  the  cow  Yaller,  102  on  the  lactometer,  60 
Fahr.,  three  pints ;  the  black  cow,  78  on  the  lactometer,  60  Fahr., 
one  pint  and  a  half. 

Q.  Let  me  ask  you  in  relation  to  cow  No.  78  ;  did  she  appear  to 
be  a  healthy  cow  ?  A.  There  is  one  more. 

Q.  Go  on  with  the  list?  A.  The  cow  Spot,  108  on  the  lactometer, 
60  Fahr.,  one  pint ;  all  this  milk  is  sent  to  New  York,  I  believe  ;  I 
would  like  to  state  in  the  case  of  Fannie 


TESTIMONY  OF  THOMAS  C.    DOREMUS,   JR.  217 

Mr.  PRENTICE — That  is  not  responsive  to  the  question  ;  all  this 
milk  was  sent  to  New  York  ? 

WITNESS — I  am  speaking  of  the  milk  from  this  dairy ;  this  is  all 
mixed  together  and  sent  to  New  York,  I  believe  ;  the  cow  Fannie, 
I  was  going  to  state,  on  the  first  visit  I  made  there  she  stood  several 
degrees  above  a  hundred,  and  on  this  second  visit  she  stood  at  91 
1-2 ;  the  cow  Star,  that  stood  on  my  first  visit  at  92,  stood  on  my 
second  visit  103  5-10,  both  at  68  Fahr. ;  I  would  like  to  state  also 
that  Dr.  O'Connor  and  Dr.  Waller  and  we  all  made  tests  together, 
and  we  agreed  in  every  instance,  I  believe,  with  the  exception  of  the 
cow  Mooley ;  they  read  it  99  and  I  read  it  98  1-2,  and  their  ther- 
mometer at  60  Fahr.,  whereas  I  read  it  at  61  Fahr. ;  in  the  case  of 
the  black  cow  they  read  it  at  79  instead  of  my  78  ;  in  every  other 
instance  I  believe  we  agreed  ;  we  all  looked  at  the  cows  together 
and  I  believe  we  all  agreed  that  the  cows  were  pretty  healthy  look- 
ing cows. 

Cross-examined  by  Mr.  PRENTICE  : 

Q.  On  your  first  visit,  December  18,  Mr.  Doremus,  will  you  tell 
me  the  quantities  that  these  cows  gave  of  milk  ?  A.  On  the  first 
visit  the  blue  cow — there  were  four  samples  of  milk  that  I  speak 
of ;  at  that  time  you  only  questioned  on  sample  No.  3. 

Q.  I  am  not  talking  about  any  •  other  examination ;  I  am  now 
asking  you  if  you  will  be  good  enough  to  give  me  the  gravity  and 
quantities  that  the  cows  gave  on  your  first  visit  ?  A.  On  the  first 
one,  the  blue  cow  was  about  six  quarts. 

Q.  At  what  gravity  ?     A.  115  ;  60  Fahr. 

Q.  Now,  sir,  if  you  will  go  on  and  give  the  rest  ?  A.  Star  about, 
only  92  ;  the  thermometer  60  degrees  Fahr. 

Q.  How  much  did  Star  give  ?  A.  About  one  quart ;  the  other 
two,  Nos.  3  and 4  I  can  only  tell  you  approximately;  as  I  said  the 
other  day  they  were  contained  in  those  bottles  that  you  speak 
of. 

Q.  How  much  ;  what  quantity  ?  A.  Those  bottles  hold  a  little 
over  a  pint. 

Q.  Upon  the  first  visit — No.  3  is  the  black  cow  ?  A.  That  is 
the  one  you  questioned  me  on. 


218  TESTIMONY  OF  THOMAS  C.  DOEEMUS,  JB. 

Q.  I  ask  if  No.  3  was  the  black  cow  ?     A.  No.  3  was  the  black 


How  much  milk  in  quantity  did  she  give  on  the  first  visit  ?  A. 
You  asked  me  yesterday  that  question  and  I  answered  it  was  con- 
tained in  that  bottle  which  held  a  little  over  a  pint  ;  I  told  you  the 
other  day  I  did  not  measure  it. 

Q.  Was  it  about  a  pint  the  black  cow's  milk  the  first  visit  ?  A. 
Yes,  sir,  about  that  ;  I  did  not  measure  it  ;  it  was  contained  in  a 
bottle,  about  a  pint. 

Q.  How  much  do  you  know  these  cows  gave  on  the  second  day  ; 
was  it  by  the  bottle  or  some  other  measure  ?  A.  As  I  said  about 
in  every  answer  it  was  only  just  an  estimate  ;  we  did  not  measure 
it. 

Q.  By  the  size  of  the  bottle  ?  A.  No,  sir  ;  in  some  cases  we  just 
judged  from  what  was  in  the  can  ;  there  were  four  of  us  there. 

Q.  "Well,  sir,  I  will  take  these  two  —  did  you  measure  the  milk 
of  the  black  cow  and  No.  4?  A.  Are  you  referring  to  the  last  visit  ? 

Q.  Yes,  sir  ?     A.  No,  sir  ;  we  did  not  measure  it. 

Q.  You  did  not  measure  it  on  the  last  visit  ?  A.  No,  sir  ;  we  did 
not  measure  it  ;  we  all  agreed  that  it  was  about  so  much  ;  Dr.  Wal- 
ler and  O'Connor. 

Q.  Do  you  know  what  these  cattle  were  feeding  on,  what  was 
their  feed?  A.  It  was  on  hay  and  straw. 

Q.  Did  you  see  any  hay  there  at  all?     A.  I  did,  sir. 

Q.  Will  you  swear  that  they  were  eating  hay  ;  was  it  not  simply 
and  exclusively  oat  straw  ?  A.  No,  sir  ;  it  was  not  simply  straw. 

Q.  Did  you  hear  Mr.  Mulford  say,  in  answer  to  a  question,  that 
he  was  feeding  his  cattle  on  oat  straw  ?  A.  I  heard  him  say,  if  I 
remember  correctly,  that  he  was  feeding  them  on  hay  and  straw 
and  cornstalks. 

Q.  Was  Dr.  WTaller  and  O'Conner  present  at  any  such  conversa- 
tion ?  A.  I  do  not  know  ;  I  believe  so. 

Q.  Do  you  think  they  were  when  he  said  that  ?     A.  Yes,  sir. 

Q.  Now  did  you  hear  Mr.  Mulford  say  that  he  should  not  milk 
his  strippers  after  Sunday?  A.  I  heard  him  say  that  several  cows 
that  Were  milked  that  day,  one  or  two  may  be,  I  do  not  remember 
the  number,  that  he  was  not  going  to  milk  them  any  longer,  not  for 
some  time,  I  suppose. 


TESTIMONY  OF  THOMAS  C.   DOBEMUS,   JR.  219 

Q.  Did  he  call  them  strippers  at  that  time  in  that  conversa- 
tion ?  A.  Not  as  I  remember. 

Q.  You  cannot  say  whether  he  did  or  not?     A.  I  cannot. 

Q.  Who  went  up  with  you  this  last  time  ?  A.  A  friend  of  mine, 
Mr.  Boot. 

Q.  What  is  his  first  name  ?     A.  Leonard  S. 

Q.  Was  he  present  at  those  conversations  ?     A.  I  believe  so. 

Q.  Now,  sir,  do  you  know  what  the  whole  amount  of  milk  from 
these  cows  was  upon  that  day  ?  A.  No,  sir ;  I  do  not  suppose  I 
could  tell  you  about  the  quantity. 

Q.  Is  it  not  a  fact  that  the  whole  amount  of  milk  of  these  cows, 
Fannie,  Star,  Mooley,  and  the  black  cow,  that  the  whole  amount  of 
the  milk  of  those  cows,  you  and  Drs.  Waller  and  O'Connor  took  and 
divided  it  between  you  ?  A.  Yes  ;  we  did  as  I  stated  ;  there  was  a 
pint  in  one  case,  a  pint  in  another,  and  a  pint  and  a  half  in  the  third 
case. 

Q.  Including  the  milk  of  the  black  cow,  do  you  know  what  the 
average  on  the  lactometer  rates;  look  at  those  figures?  A.  I  do  not 
profess  to  be  an  expert. 

By  Mr.  WAEHNER — Q.  Did  you  mix  the  milk  of  those  cows 
together  ?  A.  We  did  not ;  those  figures  are  right. 

Q.  It  is  over  101  on  the  lactometer  ?  A.  Those  figures  and  divis- 
ions are  correct. 

Q.  Eleven  samples,  what  is  the  aggregate  on  the  lactometer,  in- 
cluding the  black  cow  ?  A.  The  aggregate  as  stated  there  ;  those 
figures  are  correct. 

Q.  How  much  is  it  ?     A.  101  7-11. 

Q.  The  milk  of  the  black  cow  that  you  took  that  morning  on  the 
24th,  would  it  pass  through  the  strainer  before  it  was  broken  up  ? 
A.  I  would  like  to  state  that  the  strainer  was  very  dirty  at  that 
time ;  I  would  state  that  the  last  portion  of  the  milk  did  not  run 
through  very  well  on  account  of  the  strainer  being  dirty. 

Q.  Were  there  not  clots  in  that  milk  ?  A.  The  milk  had  a  some- 
what curdy  appearance. 

Q.  The  milk  did  have  a  curdy  appearance  ?     A.  It  did,  sir. 

Q.  Did  it  look  like  ordinary  milk  ?  A.  It  seemed  to  be  good 
looking  milk,  except  this  curdy  appearance. 

Q.  It  did  have  this  curdy  appearance  ?     A.  Yes,  sir. 


220  TESTIMONY  OF  ANTON  S.  CASPAR. 

Q.  By  Mr.  WAEHNEE — It  all  went  through  the  strainer?  A. 
Yes,  sir. 

ANTON  S.  CASPAR,  sworn  and  examined  by  Mr.  WAEHNER  through 
the  interpreter : 

Q.  Do  you  know  Mr.  Doremus  ?     A.  Yes,  sir. 

Q.  Did  you  go  to  Mulford's  place  on  the  18th  of  December  with 
him?  A.  Yes,  sir. 

Q.  During  the  time  you  were  there,  did  he  give  you  in  charge 
any  samples  of  milk  that  were  taken  from  the  cows  there  ?  A. 
Yes,  sir. 

Q.  Did  you,  or  did  anybody  in  your  presence,  put  any  water  or 
anything  else  in  those  samples  of  milk  ?  A.  No. 

Q.  Or  anything  else  ?     A.  No. 

CHARLES    A.   DOREMUS,   sworn    and    examined    by  Mr.   Waehner, 
testified  : 

Q.  What  is  your  profession?     A.  My  profession  is  a  chemist. 

Q.  How  long  have  you  been  such  ?  A.  "Well,  I  have  grown  up 
in  the  laboratory. 

Q.  You  have  studied  abroad,  and  have  been  an  instructor  in 
chemistry?  A.  I  studied  in  this  country  from  the  year  1865  to  the 
year  1870,  taking  almost  daily  lessons  in  the  laboratory,  and  then 
pursued  a  special  course  of  scientific  training  in  Germany  at  the 
universities  of  Heidelberg  and  Leipsic  for  three  years,  and  since 
that  time  I  have  been  an  assistant  to  the  Department  of  Chemistry 
at  the  Bellevue  Medical  College,  and  instructor  in  practical  animal 
chemistry. 

Q.  Have  you  made  a  special  study  of  milk  and  its  analysis  ? 
A.  I  have,  sir  ;  for  some  years  past. 

Q.  You  have  made  practical  tests  and  experiments  ?  A.  Con- 
tinually. 

Q.  Do  you  recollect  the  case  of  John  Kneib  ?     A.  Perfectly. 

Q.  Do  you  recollect  the  samples  of  milk  that  were  in  evidence 
in  that  case,  referred  to  in  that  case  ?  A.  I  do,  sir  ;  very  well. 

Q.  Did  you  make   the    analysis  of  milk   on   that   case  ?     A.  I 


TESTIMONY  OP  CHARLES  A.   DOREMUS.  221 

assisted  in  making  the  analysis  and  in  determining  the  specific 
gravity  of  the  milks  testified  to  by  my  father  in  that  case  ;  I  saw  a!7 
the  samples  and  assisted  in  many  of  the  analyses. 

Q.  Have  you  your  memoranda  of  the  analyses  made  at  that 
time  ?  A.  I  have,  sir. 

Q.  Your  memoranda  agree  with  that  of  your  father  ?  A.  They 
do,  perfectly  ;  they  prove  that  the  milk  was  pure. 

Q.  Did  you  visit  Mr.  Mulford's  establishment  in  September 
last?  A.  On  the  23d  of  September,  1876,  on  Saturday  afternoon  of 
this  year,  I  paid  an  unannounced  visit  to  Mr.  Mulford's  farm  in 
Orange  county,  New  York ;  they  knew  nothing  of  my  coming,  and 
received  no  intimation  of  my  coming. 

Q.  State  what  took  place  and  what  the  results  of  your  visits 
were  ?  They  had  already  commenced  milking  some  of  the  cows, 
and  I  lost  therefore  the  milk  of  the  cows  which  I  was  anxious  to 
obtain  ;  I  obtained  them,  however,  the  next  morning,  and  from  the 
determinations  which  I  made  there,  I  made  up  the  following  table. 
The  cows  with  but  one  or  two  exceptions,  were  the  same  cows  that 
we  tested  the  year  before,  and  many  of  the  cows  were  the  same  as 
those  tested  by  my  brother  within  the  last  two  weeks  ;  I  have  found 
a  sample  of  milk  coming  from  the  yellow  cow  ;  it  is  marked  No.  6 
on  my  table  ;  the  whole  milk,  the  evening  milk,  when  thoroughly 
mixed  together  at  the  temperature  of  60,  stood  at  94  on  the  lacto- 
meter. 

By  Mr.  PRENTICE — Q.  What  quantity  ?  A.  There  were  two  and 
one-third  quarts  of  milk  ;  the  cows  were  then  in  full  milking ;  she  had 
calved  in  February  of  that  year  ;  I  was  particular  to  find  out  the 
time  of  calving,  the  age  of  the  cow,  the  number  of  calves  she  had 
had,  the  quantity  of  milk,  and  everything  I  thought  would  bear 
upon  the  testimony  in  this  case,  and  make  a  report  as  thoroughly 
as  I  could  ;  on  analysis  that  milk  yielded  nearly  81  per  cent,  of  water 
and  9  per  cent,  of  butter ;  thus  showing  that  the  richness  of  the  milk 
influenced  its  specific  gravity. 

Q.  There  was  less  water  in  that  milk?  A.  There  was  less 
water  in  that  milk  than  in  any  I  have  found  ;  that  was  a  fair  ave- 
rage sample  of  that  cow's  milk ;  she  was  then  not  a  stripper  in  any 
sense  of  the  word  ;  none  of  the  cows  were  strippers  when  I  visited 
the  place. 


222  TESTIMONY  OF  CHABLES  A.  DOEEMUS. 

Q.  Proceed,  Doctor  ?  A.  The  next  sample  of  milk  that  I  found 
came  from  a  cow  which  I  marked  No.  8  in  the  stable ;  it  was  the 
white  cow,  if  the  gentleman  would  like  to  refer  to  it ;  she  was  a 
part  Alderney  cow  and  gave  very  little  milk,  not  quite  a  quart — 
about  three-quarters  of  a  quart ;  she  had  calved  in  March,  and  was 
therefore  in  good  condition  for  milking ;  the  cow  does  not  at  any 
time  give  much  milk  ;  she  is  a  cow  too  that  is  eight  years  old ; 
the  specific  gravity  of  that  milk  by  the  lactometer  was  85  in  the 
evening  and  92  in  the  morning  ;  now  from  the  analysis  your  Honor 
will  see  that  the  evening  milk,  which  was  the  lowest,  was  the  best 
milk  of  the  two  ;  it  contained  six  per  cent,  of  butter,  and  the  morn- 
ing milk  only  contained  four  per  cent,  of  butter,  showing  that  the 
high  specific  gravity  was  because  the  milk  was  pure  milk  ;  the  next 
cow  was  a  cow  called  Rider,  marked  No.  9  in  my  table  ;  the  lacto- 
meter marked  99  in  the  evening ;  I  would  like  to  state  in  regard  to 
that  white  cow  in  the  morning  it  was  half  a  quart  and  in  the  even- 
ing it  was  three-quarters ;  I  made  a  mistake  in  the  reading ;  one 
was  seventy-five-hundredths,  that  was  the  evening  milk,  and  the 
morning  milk  was  only  one  pint ;  the  morning  milk  was  pure 
milk  and  less  in  quantity ;  now  the  cow  Rider,  No.  9,  stood 
at  99 ;  this  cow  gave  three  quarts  of  milk  in  the  evening — 
she  was  not  a  stripper,  either  ;  I  would  like  to  state  here  that  the 
highest  amount  of  milk  given  by  any  of  these  fifteen  cows  was  only 
a  little  over  three  quarts  and  a  half ;  the  most  they  ever  yielded 
Mr.  Mulford  said  is  about  five  quarts  ;  the  cows  referred  to  by  my 
brother  were  not  there  when  I  was  first  there ;  cow  No.  9,  Rider,  stood 
at  99 ;  she  gave  three  quarts  in  the  evening  and  three  quarts  and  a 
quarter  in  the  morning ;  she  was  seven  years  old,  and  came  in 
March  ;  she  was  a  native  cow  also  ;  now  the  milk  from  that  cow 
gave  86.6  per  cent,  of  water  and  5.5  of  butter,  and  was  therefore,  so 
far  as  butter  is  concerned,  gave  less  good  milk  than  the  one  that 
stood  at  85  ;  these  cows  that  I  have  referred  to  so  far  were  all 
pasture-fed  cattle  ;  now  the  next  cow  was  fed  on  pasture  and  she 
had  a  couple  of  pumpkins  to  eat  besides. 

By  Mr.  PEENTICE — Q.  What  is  the  name  of  the  cow?  A.  The 
Bob-tailed  cow  ;  this  is  the  only  one  that  I  found  that  gave  a  low 
gravity  among  the  same  herd  that  my  father  found  ;  it  stood  88.5 
on  the  lactometer  in  the  evening  and  97  in  the  morning  ;  she  gave 


TESTIMONY  OF  CHAELES  A.   DOREMUS.  223 

two  and  a  half  quarts  and  two  and  three-quarters  in  the  morning ; 
the  pumpkins  told  on  the  quality  of  milk ;  it  was  the  biggest  amount 
of  water  that  I  had  ever  found  in  the  milk  up  to  that  time. 

Q.  "What  was  it?  A.  Ninety  per  cent.;  I  tested  the  milk  the 
other  day  and  it  contained  over  90  per  cent,  of  water. 

By  the  COURT — Q.  You  mean  by  analysis  ?     A.  Yes,  sir. 

By  Mr.  PRENTICE — Q.  What  was  the  butter  in  that  Bob-tailed 
cow  ?  A.  The  butter  was  2.5,  the  salts  .688,  and  caseine  and  sugar 
together  was  6.234 

By  Mr.  WAEHNER — Q.  Proceed  with  your  table  ?  A.  Now  the 
next  cow  was  Fanny  ;  this  cow  gave  next  to  the  greatest  quantity 
of  milk  given  by  any  of  the  cows  in  the  dairy  at  that  time  ;  in  the 
evening  it  stood  at  100  exactly  as  I  found  the  lactometer  which  I 
used  ;  the  100  mark  corresponding  with  the  specific  gravity  1.028.5 
determined  very  carefully  and  accurately  ;  that  would  make  it  stand 
between  98  and  99  ;  I  was  very  careful  in  testing  this  lactometer  by 
a  specific  gravity  salt  solution  as  prescribed  by  Professor  Chandler 
as  his  method  of  doing  it ;  she  gave  three  quarts  in  the  evening  and 
three  quarts  and  a  half  in  the  morning  ;  the  morning  milk  was  98 ; 
that  of  course  is  subject  to  correction ;  that  would  be,  I  suppose, 
96  or  97  tested  with  the  same  lactometer ;  there  was  no  analysis 
made  of  that  milk ;  that  last  cow  was  pasture-fed  also  ;  it  was  in 
September  and  the  pasture  was  in  first  rate  condition  ;  they  were 
grass-fed  cows,  nothing  abnormal  about  them. 

By  Mr.  PRENTICE — Q.  Is  that  the  last  on  your  list  ?  A.  No,  sir ; 
not  yet ;  among  all  those  cows  the  one  that  gave  the  highest  grav- 
ity of  milk  stood  115  ;  that  was  the  highest ;  she  only  gave  a 
quart. 

Q.  What  cow  was  that  that  you  just  spoke  of  ?  A.  That  was 
Cherry ;  it  has  not  been  mentioned  in  this  case  so  far  ;  she  gave  only 
one  quart  and  she  stood  at  115 ;  now,  I  went  to  another  dairy ;  they 
did  not  know  about  my  coming. 

By  Mr.  WAEHNER — Q.  Have  you  given  all  your  cows  on  that 
table  ?  A.  I  have  seventeen  cows  in  all  and  out  of  the  seventeen 
there  were  five  went  below  100. 

Q.  All  the  others  on  that  table  are  above  100  ?  A.  Above 
100. 

Q.  How  high  up ;  what  are  the  extremes  ?     A.  115  is  the  highest. 


224  TESTIMONY  OF  CHAELES  A.  DOREMUS. 

Q.  Next  to  that  ?  A.  The  next  to  that  is  113,  she  only  gave  a 
little  over  a  quart  and  a  quarter  ;  oh,  I  see  there  were  two  at  115  ; 
there  is  one  here  at  110  and  111  ;  now,  I  went  to  an  entirely  differ- 
ent dairy,  it  had  no  connection  with  Mr.  Mulford  and  they  did  not 
know  that  I  was  coming  ;  in  this  dairy,  Mr.  Clark's,  the  cattle  in- 
stead of  being  native  were  most  of  them  cattle  with  a  pedigree  as 
you  might  say,  they  were  fine  cattle ;  the  first  cow  that  I  tested  the 
milk  went  below  100. 

By  Mr.  PRENTICE — Q.  "What  was  its  name?  A.  They  had  no 
names  ;  I  marked  it  in  my  table  No.  1 ;  she  was  three  years  old  and 
had  two  calves  ;  she  calved  in  April  ;  she  was  three-quarters  Ayr- 
shire and  one-quarter  Short  horn  ;  she  was  a  pure  breed  of  cow  and 
pasture-fed ;  the  milk  stood  at  92. 

Q.  How  much  ?  A.  I  could  not  measure  the  quantity  in  this 
place  ;  there  was  no  opportunity  ;  but  the  cows  seemed  to  be  giving 
about  half  a  pail  of  rnilk ;  they  were  all  in  good  milking  condition  ; 
I  suppose  on  an  average  the  cows  were  giving  there,  I  do  not  think 
there  was  one  of  them  went  below  three  or  four  quarts  ;  they  were 
all  fair  yielding  milk  cows  ;  the  milk  of  that  cow  stood  at  92  ;  the 
analysis  proved  that  there  was  87.6  per  cent,  of  water,  4.2  of  butter, 
7.3  of  caseine  and  sugar  and  0.610  of  salts,  showing  the  milk  to  be 
normal. 

By  the  COURT — Q.  What  did  the  lactometer  say?  A.  It  said 
92  ;  the  next  cow  I  will  mark  No.  5  ;  this  cow  was  a  pure  Jersey 
cow,  a  beautiful  little  beast ;  she  had  calved  on  the  31st  of  May, 
that  was  the  first  day  of  June ;  the  man  kept  a  record  of  all  the 
days  on  which  the  cows  calved ;  he  had  everything  tabled. 

Q.  You  do  not  mean  a  New  Jersey  cow  ?  A.  No,  sir  ;  she  was 
an  Alderney  ;  she  was  four  years  old  and  had  two  calves  and  the 
milk  stood  at  100,  that  is  1.028.5,  98  properly  on  the  Board  of  Health 
lactometer,  provided  it  was  correct ;  the  lactometer  I  used  was  not 
correct,  I  proved  it  was  not  correct  by  experiment  in  the  laboratory  ; 
the  100  corresponded  to  the  specific  gravity  of  1.028.5 ;  now,  No.  3 ; 
there  was  no  analysis  made  of  that  milk ;  the  lactometer  stood  at 
99  ;  the  cow  was  a  native  cow ;  the  milk  yielded  on  analysis  87.5  of 
water,  5.7  of  butter,  nearly  6  per  cent,  of  butter,  5.9  of  caseine  and 
sugar,  nearly  6  per  cent,  and  0.7  of  salts;  here  again  your  Honor 
will  see  that  the  percentage  of  water  is  almost  exactly  that  which 


TESTIMONY  OF  CHARLES  A.   DOBEMUS.  225 

was  in  the  first  case,  and  yet  there  was  seven  degrees  difference  on 
the  lactometer,  showing  that  the  lactometer  will  not  tell  the  amount 
of  water  either  adulterated  or  naturally  present  in  the  milk. 

By  Mr.  PRENTICE — Q.  Is  that  your  opinion  ?  A.  That  is  my 
opinion ;  the  two  last  cows  were  fed  on  pasture  and  some  pump- 
kins. 

Q.  How  many  cows  have  you  of  Clark's  dairy?  A.  There 
were  fifteen  cows  and  three  went  below  100  ;  the  highest  one  was 
at  115,  the  table  is  at  your  disposal ;  I  visited  another  dairy,  Uncle 
Richard's,  but  unfortunately  they  had  commenced  milking  before 
I  arrived  there,  so  I  only  had  a  chance  of  testing  the  milk  from  five 
cows,  and  they  all  went  above  100  ;  I  tested  therefore  in  all  thirty- 
seven  cows  and  got  8  samples  below  100  ;  a  fifth  of  the  cows  there- 
fore gave  milk  less  than  100. 

By  Mr.  WAEHNER — Q.  Now,  Doctor,  did  you  make  an  analysis 
of  the  milk  contained  in  that  mysterious  bottle  ?  A.  I  did,  sir. 

Q.  That  was  No.  3  ?     A.  No.  3. 

Q.  What  were  the  results  ?  A.  I  found  90,  668  of  water,  butter, 
1.94,  caseine,  7.305,  salts,  0.087 ;  I  would  like  to  state  in  regard  to 
these  analyses,  that  I  would  not  like  to  say  that  they  were  absolutely 
correct,  for  I  was  very  much  pressed  for  time  and  had  not  the  pos- 
sibility of  going  into  it  as  I  did  with  the  other  analyses ;  the  other 
analyses  were  very  carefully  made,  but  I  think  that  Prof.  Chandler's 
analyists  will  substantially  agrees  with  these  analyses. 

Q.  Now,  sir,  have  you  examined  the  instrument  known  as  the 
lactometer  ?  A.  I  have,  sir. 

Q.  Can  you  enumerate  to  this  jury  any  mechanical  defects  con- 
nected with  that  instrument  ?  A.  Besides  those  defects  showing 
that  the  instruments  did  not  agree,  I  could  point  out  that  the 
scale  is  not  properly  graduated  according  to  the  rules  laid  down  in 
scientific  books ;  if  you  will  hand  me  Watts'  dictionary,  I  would 
like  to  refer  to  that. 

Q.  What  page  do  you  cite  in  support  of  that  proposition  ?  A. 
206,  Vol.  3,  under  the  subject  called  gradation,  showing  that  the 
degrees  on  the  gradation  should  not  be  equal ;  this  is  applied  to  all 
hydrometers  ;  I  would  like  to  have  Hoppe-seyler. 

By  Mr.  PRENTICE — Q.  That  is  the  other  book  you  cite  in  con- 
firmation of  your  views  ?  A.  Hoppe-seyler ;  I  do  not  know  the  page, 


226  TESTIMONY  OF  CHABLES  A.   DOBEMUS. 

but  if  you  will  give  me  the  book  I  can  immediately  refer  to  it ;  he 
speaks  about  looking  at  hydrometers  when  you  buy  them  to  see 
whether  they  are  correct  or  not ;  I  would  like  to  quote  from  page 
14  to  the  middle  of  the  page  :  "  In  buying  a  hydrometer  it  is  neces- 
sary to  see  that  the  stem  shall  be  as  cylindrical  as  possible,  and  that 
the  divisions  on  the  scale  shall  not  equal  each  other,  but  be  inversely 
proportional  to  the  specific  gravities  which  are  given  by  the 
bounding  lines  of  division  ;  that  applies  to  all  hydrometers." 

Q.  Have  you  made  any  practical  tests  with  milk,  comparing  it 
after  being  transported  or  after  some  delay  in  the  time  of  its 
milking  ?  A.  I  have,  sir. 

Q.  What  has  been  the  result  of  those  tests?  A.  It  always 
changes  in  specific  gravity. 

Q.  Can  you  assign  any  reason  for  it,  or  give  any  reason  for  it  ? 
A.  I  cannot  positively  assign  any  reason  ;  I  believe  the  reason  given 
by  authors  is  that  some  change  takes  place  in  the  caseine  of  the 
milk  ;  the  fact,  however,  remains  that  the  change  does  take  place  ; 
that  I  have  verified  by  my  own  experiments. 

Q.  Now  what  is  the  effect  of  mixing  an  equal  quantity  of  milk 
of  high  and  low  specific  gravity,  one  being  rich  in  cream  ?  A.  I 
took  three  samples  of  milk  bought ;  one  stood  at  110  and  the  second 
and  the  third  which  purported  to  be  First  avenue  cream,  stood  at  92  ; 
it  was  simply  rich  milk  ;  I  took  equal  parts  of  the  sample  No.  1  and 
sample  No.  3,  and  I  mixed  them ;  they  were  equal  quantities  of 
milk  at  110  and  milk  at  92  ;  by  calculation  the  resulting  specific 
gravity  would  have  been  101 ;  by  actual  experiment  its  specific  grav- 
ity was  only  98,  three  degrees  out  of  the  way ;  I  then  took  sample 
No.  2,  which  stood  at  110,  and  mixed  it  in  equal  quantities  with  the 
milk  at  92,  and  the  resulting  specific  gravity  was  in  that  case,  not  a 
calculated  specific  gravity,  but  99,  two  degrees  out  of  the  way,  show- 
ing, may  it  please  your  Honor,  that  when  you  mix  equal  quantities 
of  rich  and  fair  milk  that  you  cannot  calculate  the  specific  gravity, 
because  both  of  these  samples  which  stood  at  110  were  mixed  with 
equal  quantities  of  milk  at  92  and  they  did  not  agree  in  getting  a 
resulting  specific  gravity,  but  one  differed  from  the  other  and  they 
both  differed  by  two  and  three  degrees  from  the  specific  gravity  by 
average ;  I  made  another  sample  which  I  also  wish  to  refer  to,  for 
fear  the  objection  might  arise  in  regard  to  milk  being  purchased 


TESTIMONY  OF  CHARLES  A.  DOREMUS.  227 

milk  ;  I  made  another  experiment  and  I  took  milk  which  I  knew 
was  pure,  a  milk  which  stood  high  and  which  stood  low  and  mixed 
them  in  equal  quantities,  and  again  the  calculated  average  of  specific 
gravity  was  at  fault,  the  resulting  specific  gravity  by  experiment 
was  one  degree  below  the  calculated  average. 

Q.  Then  from  the  table  presented  this  morning  of  those  11 
samples  the  deduction  of  101  and  something  is  not  a  true  method 
of  arriving  at  the  result  ?  A.  It  is  perfectly  impossible  to  state 
what  the  average  specific  gravity  of  mixed  milks  will  be  by 
figures. 

Q.  Would  the  different  quantities  of  milk  have  something  to  do 
with  it  ?  A.  A  great  deal  to  do. 

By  the  COURT— Q.  What  quantities  of  milk  did  you  buy?  A.  I 
mixed  equal  quantities. 

Q.  I  mean  what  quantities  did  you  originally  buy  ?  A.  I  sent 
out  and  bought  a  pint  of  each  milk. 

Q.  Did  you  test  them  by  the  lactometer  ?  A.  I  took  a  fraction 
of  a  pint  of  each. 

Q.  After  you  tested  each  ?  A.  Then  I  mingled  them  in  equal 
quantities. 

Q.  You  tested  each  quantity  of  milk,  that  is  the  parcels  of  milk 
that  you  bought,  with  the  lactometer  ?  A.  I  did,  sir. 

Q.  Now,  if  you  had  added  to  each  of  the  parcels  of  milk  you 
bought  two  gills  of  water  and  put  in  your  lactometer,  then  after 
adding  it,  would  not  that  fact  affect  the  gravity?  A.  Certainly. 

Q.  The  quantity  being  a  pint  and  then  say  two  gills  of  water 
added  to  the  pint,  that  would  make  a  pint  and  two  gills  after  the 
water  was  added ;  can  you  tell  about  how  much  those  two  gills  of 
water  would  have  reduced  the  specific  gravity  of  a  specimen  of 
milk  ?  A.  If  I  took  a  sample  of  milk  standing  at  120  and  a  sample 
of  milk  standing  at  105 — 

Q.  You  have  got  a  given  quantity  of  three  different  milks, 'all  at 
different  places  or  at  the  same  place,  you  keep  them  separate,  you 
test  the  specific  gravity  of  each  by  the  lactometer ;  one  shows  so 
much  and  the  other  so  much  ;  you  add  two  gills  to  each,  and  now 
you  put  in  your  lactometer  at  a  temperature  of  60,  what  will  be  the 
result  ?  A.  They  will  all  be  lower  in  specific  gravity  undoubtedly. 

Q.  About  what  ratio  of  the  lessening  of  the  specific  gravity  would 


228  TESTIMONY  OF  CHARLES  A.   DOREMUS. 

the  two  gills  make  ?  A.  That  would  depend  entirely  upon  the  com- 
position of  the  milk  originally. 

Q.  You  do  not  understand  me ;  this  same  quantity  of  water  is 
added  to  each  specimen  of  milk  ;  I  want  to  know  if  you  can  state 
what  would  be  about  the  probable  difference  of  the  gravity  ?  A. 
You  can  add  about  15  per  cent,  of  water  to  milk  standing  at  120 
before  it  goes  below  100. 

Q.  Do  you  mean  to  say  that  that  carries  it  15  per  cent,  below  ? 
A.  If  the  milk  stands  at  120  and  you  add  15  per  cent,  of  water,  it 
will  bring  it  down  to  105,  and  therefore,  you  reduce  it  15  degrees. 

By  Mr.  WAEHNER — Q.  But  it  would  be  impossible  to  state  accur- 
ately without  making  an  accurate  experiment,  what  the  result  would 
be  ?  A.  If  I  did  not  know  what  the  specific  gravity  of  the  milk 
was — 

(Objected  to.) 

By  the  COURT — Q,  You  took  samples  of  milk,  you  had  tested 
them  with  the  lactometer,  you  leave  your  laboratory,  you  returned 
not  knowing  whether  water  had  been  added,  you  put  in  your  lac- 
tometer, you  find  that  the  specific  gravity  had  gone  down  10  or  15 
per  cent.,  what  would  be  your  conclusion?  A.  I  have  taken 
samples  and  sealed  them  up  so  that  nobody  could  put  water  to 
them,  and  they  had  lowered  in  gravity  ;  I  could  not  tell  whether 
water  had  been  added. 

Q.  What  would  be  your  conclusion  as  to  the  gravity  ?  A. 
Either  that  the  milk  had  changed  in  and  of  itself,  or  that  water  or 
cream  had  been  added. 

Q.  Which  would  you  think  would  be  your  natural  conclusion  ? 
A.  I  should  think  that  the  milk  had  undergone  some  change. 

Q.  Fifteen  per  cent,  in  gravity  you  mean  by  chemical  change  ? 
A.  I  have  known  the  chemical  change  to  go  almost  as  far  as  that, 
your  Honor ;  from  actual  experiment  I  have  known  the  milk  to  vary 
that  degree. 

Q.  If  the  gravity  had  lessened  15  per  cent.  I  want  to  know  what 
your  conclusion  would  be  ?  A.  I.  stated  either  one  of  three  things, 
either  that  the  milk  had  changed  or  that  water  had  been  added,  or 
that  cream  had  been  added  ;  I  could  not  tell  from  the  indication  of 
the  specific  gravity  which  had  been  done. 

Q.  If  there  was  a  pump  near  by  would  not  you  think  water  had 


TESTIMONY  OF  CHARLES  A.  DOEEMUS.  229 

"been  added  ?  A.  I  suppose  of  course,  if  somebody  went  there  and 
put  water  in  they  would  lower  the  gravity  by  putting  it  in  ;  I  would 
not  be  willing  to  swear  in  court  which  had  been  done. 

Q.  Water  is  a  cheaper  article  ?  A.  Of  course  it  is  cheaper  than 
milk. 

By  Mr.  WAEHNER — Q.  Look  at  sample  bottle  No.  3  in  relation  to 
that  matter ;  have  you  a  practical  knowledge  in  such  case  of  change 
of  milk  of  the  sample  brought  from  Mulford's  establishment  by  you  ? 
A.  I  have  several  cases. 

Q.  Give  me  the  one  that  was  tested  by  yourself  and  your  father, 
which  you  brought  from  Mulford's  ?  A.  I  did  not  bring  it  from 
Mulford's,  I  brought  it  from  Mr.  Clark's  ;  I  cannot  state  exactly, 
because  at  that  time  my  attention  was  not  particularly  called  to  it, 
but  one  of  the  samples  I  obtained  from  Mr.  Clark ;  in  fact  two 
samples  were  obtained  from  his  place. 

By  Mr.  PRENTICE — Q.  What  numbers  were  they?  A.  I  do  not 
want  to  make  any  mistake  ;  I  know  in  regard1  to  one  ;  I  may  be 
mistaken  in  regard  to  two  ;  I  will  limit  it  to  one  ;  I  know  that  one 
sample  was  so  much  lighter,  but  only  had  been  kept  a  short  time. 

Q.  Which  one  was  that  ?  A.  I  cannot  say  ;  I  made  no  record  of 
it  at  the  time  ;  it  may  be  one  of  the  samples  which  was  here  in  the 
list  of  one  of  those  ;  I  brought  several  down  which  stood  near  100 ; 
it  had  lessened  so  much  by  keeping  that  I  could  not  verify  the 
reading  that  I  had  made  on  the  lactometer  by  a  determination  by 
means  of  the  specific  gravity  bottle. 

Q.  Had  it  increased  or  decreased  in  gravity  ?  A.  It  had  dimin- 
ished largely. 

Q.  Was  this  test  made  in  conjunction  with  your  father  ?  A.  It 
was ;  he  observed  the  fact  at  the  time. 

Q.  Could  you  from  the  evidence  of  your  senses  and  the  lactome- 
ter, determine  whether  an  article  was  milk  or  not  ?  A.  I  could  not, 
sir. 

Q.  What  in  your  reading  have  you  found  to  be  the  range  of 
specific  gravity  of  milk  ?  A.  There  are  a  great  many  authorities 
that  give  the  specific  gravity  of  pure  milk,  whole  milk  well  mixed 
together,  as  being  much  below  1.029.  There  is  a  table  on  the  other 
side  copied  from  "  Hassal,  Adulterations  of  Food " ;  the  specific 
gravity  of  milk  is  given  in  one  case,  it  goes  as  low  as  1.008.  There 


230 


TESTIMONY  OF  CHARLES  A.   DOBEMUS. 


are  forty-two  samples  there,  and  I  think  there  are  over  twenty  that 
range  below  1.029.  It  is  proper  for  me  to  state  that  Hassal  says  in 
some  of  these  cases  that  the  milk  was  exceptional,  and  that  in 
other  cases  it  was  a  fair  average  sample  of  pure  cow's  milk. 

Q.  Now  on  this  table  are  there  any  other  observations?  A. 
There  are ;  there  is  an  observation  on  the  Chart  Filhol. 

By  the  Court — Q.  You  say  something  about  the  change  in  the 
specific  gravity  of  milk  which  I  do  no.t  understand.  Now  if  you 
take  a  given  quantity  of  milk  and  put  it  in  a  vessel  hermetically 
sealed,  and  you  take  the  weight  of  the  vessel  and  the  milk  after  it  is 
so  sealed,  and  it  remains  hermetically  sealed,  and  it  stands  a  day, 
and  you  weigh  it  a  day  after,  not  open  it  but  you  weigh  it  again, 
will  it  be  the  same  weight  or  not  ?  A.  The  specific  gravity — 

Q.  Answer  my  question ;  will  the  vessel  and  the  thing  in  it,  the 
fluid  in  it  which  you  then  put  aside,  will  it  weigh  the  same  ?  A.  I 
suppose  it  will. 

Q.  Therefore  when  you  say  it  changes,  don't  you  mean  a  chem- 
ical change  may  take  place  in  the  constituents  of  the  milk  which 
when  you  unseal  the  vessel  and  undertake  to  test  it  with  the  hydro- 
meter, the  gases  or  something  which  has  been  chemically  manu- 
factured will  escape?  A.  Undoubtedly  some  of  the  gases  ;  if  there 
is  any  gas  there  it  would  escape. 

Q.  Would  not  water  evaporate  ?  A.  If  you  will  allow  me,  your 
Honor,  the  actual  weight  of  the  bottle  with  the  contents  is  a  differ- 
ent thing  entirely  from  the  weight  as  given  by  the  specific  gravity. 
If  I  should  take  a  volume  of  milk  and  weigh  it  on  one  day  and  take 
exactly  the  same  volume  and  weigh  it  on  another  day,  the  two 
weights  would  not  agree. 

Q.  If  you  mean  by  that  that  a  tumbler  of  water  stay  there  and  I 
am  gone  a  week  it  has  not  been  changed,  but  some  portion  has 
evaporated  ?  A.  If  I  should  fill  that  tumbler  up  with  milk  and  let 
it  stand,  some  milk  would  run  over,  or  perhaps  the  milk  would  de- 
crease so  that  the  tumbler  would  not  be  full,  or  it  would  fall  over. 
I  found  in  one  sample  of  milk  put  in  that  little  bottle  filling  it  up, 
it  would  weigh  so  much,  and  in  filling  it  again  it  would  weigh  less ; 
therefore  the  specific  gravity  had  decreased  by  keeping  ;  its  specific 
gravity  is  the  weight  of  equal  volumes  ;  the  volume  of  milk  changes, 
and  therefore  the  specific  gravity  must  change  ;  a  quart  of  milk  at 


TESTIMONY  OF  CHARLES  A.   DOBEMUS.  231 

one  time  will  weigh  more  or  less  than  the  same  quart  at  another 
time  ;  if  I  took  exactly  a  quart  of  milk  and  let  it  stand  it  would  not 
fill  the  quart  measure. 

By  Mr.  WAEHNER — Q.  Suppose  you  took  a  cubic  inch,  would  that 
weigh  the  same  ?  A.  If  I  took  a  cubic  inch  on  Monday  and  a  cubic 
inch  of  the  same  milk  that  had  been  sealed  up  on  Tuesday,  the 
cubic  inch  of  Tuesday  would  weigh  less  than  the  cubic  inch,  of 
Monday. 

Cross-examined  by  Mr.  PRENTICE  : 

Q.  Under  certain  circumstances  does  milk  ferment,  and  does  it 
change  to  koumiss  or  some  other  substance  ?  A..  Milk  undoubtedly 
goes  through  fermentation,  but  I  am  not  speaking  of  fermented  milk 
when  I  speak  of  milk  kept — 

Q.  Answer  my  question  ?  A.  Undoubtedly  it  does,  it  gets 
sour. 

Q.  Now,  sir,  is  it  a  fermentation  in  which  the  sugar  of  the  milk 
changes  to  alcohol  ?  A.  The  sugar  of  the  milk  may  possibly  change 
into  alcohol. 

Q.  Is  alcohol  lighter  than  water  ?     A.  Oh,  undoubtedly. 

Q.  Now,  sir,  will  this  change  take  place  in  one  day  ?  A.  I  do 
not  know,  sir,  I  have  never  tested  any  of  these  light  samples  of 
milk,  milk  which  has  grown  lighter  whether  it  was  by  alcohol  or 
some  other  substance. 

Q.  You  have  made  a  quotation  from  Watts'  Dictionary  ?  A.  I 
have. 

Q.  In  that  same  article,  on  page  208,  will  you  tell  me  if  this  is  a 
correct  sentence  :  "  The  smaller  intervals  onathe  hydrometer  scale 
may  always  be  subdivided  into  equal  parts  by  estimation  or  other- 
wise without  appreciable  error  ?  "  Is  that  so  there  ?  A.  It  is  so 
written  and  printed  in  the  book. 

Q.  Is  it  not  a  fact  that  the  largest  difference  between  the  degrees 
of  the  lactometer  is  one  550th  part  of  an  inch  ?  A.  I  never  meas- 
ured it. 

Q.  Do  you  know  ?  A.  I  have  never  had  the  Board  of  Health 
lactometer  in  my  hand. 

Q.  How  do  you  know  anything  about  the  proper  sizes  of  the  de- 


232  TESTIMONY  OF  CHABLES  A.  DOKEMUS. 

grees  ?  A.  I  know  the  general  principles  that  all  hydrometers 
should  be  so  graduated  for  it  is  so  laid  down  in  the  books. 

Q.  Is  it  not  true  that  the  difference  between  each  degree  and  the 
next  degree  is  one  55000th  of  an  inch  on  the  lactometer  ?  A.  I  have 
simply  had  the  lactometer  of  the  Board  of  Health  in  my  hand  here  ; 
I  do  not  know,  I  have  never  measured  it. 

Q.  Can  you  say  that  there  is  no  difference  on  the  Board  of  Health 
lactometer  ?  A.  Neither  one  nor  the  other. 

Q.  Can  you  say  it  is  not  ?  A.  No,  sir,  I  cannot  say  it  is  not ;  the 
gradations  seem  to  be  very  close. 

Q.  But  you  cannot  say  ?     A.  No,  sir. 

Q.  Now,  sir,  how  came  you  to  go  to  Mulford's  and  Clark's  farms  ? 
A.  I  was  requested  to  do  so  by  my  father. 

Q.  How  were  those  farms  designated  to  you  or  to  him,  if  you 
know  ?  A.  I  went  up  to  Port  Jervis  and  had  found  out  where  Mul- 
ford's farm  was  ;  I  had  no  positive  direction ;  they  were  in  the 
neighborhood  of  Port  Jervis,  I  was  told  to  go  to  Charles  Mulford's. 

Q.  "Were  you  told  to  go  to  Clark's  too  ?  A.  Yes,  sir ;  Charles 
Clark  ;  I  had  to  hunt  them  up  ;  my  father  did  not  know  where  they 
were. 

Q.  Now,  sir,  will  you  turn  to  your  notes  and  tell  me  if  there  is 
not  rather  an  extraordinary  resemblance  between  the  analvsis  of 
the  Bob-tailed  cow  and  the  analysis  of  the  Black  cow's  milk  ?  A. 
If  it  is  so  stated  I  believe  those  are  correct ;  those  analyses  were 
very  carefully  made. 

Q.  I  ask  you,  as  a  chemist,  whether  it  does  not  present  rather  an 
extraordinary  resemblance.  A.  You  refer  to  the  Black  cow? 

Q.  And  the  Bob-tailed  cow,  both,  both  of  which  milks  you  ana- 
lyzed ?  A.  You  mean  the  Black  cow  analyzed  this  year ;  yes,  sir, 
there  is  quite  a  striking  resemblance  ;  the  amount  of  water  is  in 
both  the  same. 

Q.  And  in  other  particulars  ?  A.  Yes,  sir,  very  little  fat,  very 
poor  milk. 

By  Mr.  WAEHNER  : 

Q.  Does  not  this  also  occur  in  "Watts'  book  ? 
(Objected  to ;  objection  sustained.) 


TESTIMONY   OF   DANIEL   SCHRUMPF.  .233 

Q.  Had  those  various  samples  of  milk  which  you  discovered  had 
decreased  in  gravity  or  changed  in  gravity,  undergone  fermentation 
at  the  time  when  you  tested  them  ?  A.  They  had  not  to  the  eye  or 
to  the  test  of  paper  ;  they  poured  exactly  as  if  they  were  good  milk. 

Q.  Now  how  long  were  they  kept  before  they  were  re-examined ; 
how  long  after  they  were  obtained?  A.  I  think  only  a  day; 
perhaps  a  day  and  a  half. 

Q.  At  what  temperature  ?  A.  Below  60  ;  they  were  kept  in  ice- 
water,  well  corked  and  sealed,  that  no  water  should  get  in. 

DANIEL   SCHRUMPF,  sworn  and   examined   through   the   interpreter, 
testified  as  follows  : 

By  Mr.  WAEHNER  : 

Q.  You  are  the  defendant  in  this  case  ?     A.  Yes,  sir. 

Q.  What  is  your  business  now  ?     A.  Milk  business. 

Q.  How  long  have  you  been  in  that  business?  A.  Seventeen 
years. 

Q.  On  the  25th  of  August  last,  tell  me  what  took  place  at  your 
store  ?  A.  A  professor,  a  milk  inspector,  came  in,  I  do  not  know 
his  name,  and  asked  for  a  cup  of  milk  and  tested  it ;  then  he  showed 
his  authority  of  his  being  an  officer  of  the  Board  of  Health  and  that 
he  intended  to  inspect  the  milk ;  then  he  inspected  the  milk  and 
said  the  milk  was  weighing  ninety  degrees,  and  that  he  intended  to 
enter  a  complaint  against  me. 

Q.  Where  was  the  milk  when  he  tested  it  with  the  lactometer? 
A.  The  milk  was  in  the  ice-box ;  he  took  it  from  the  ice-box ;  he 
took  a  sample  from  it. 

Q.  Well,  what  did  he  do  with  your  sample  ?  A.  He  immersed 
the  scale  into  the  sample. 

Q.  Into  what  did  he  put  this  sample  of  milk  ?     A.  In  a  glass. 

Q.  Did  he  taste  the  milk  at  all  while  it  was  in  the  milk  can  ?  A. 
No,  he  did  not. 

Q.  Did  he  warm  or  cool  the  milk  when  it  came  out  ?  A.  He  did 
not  do  anything  else  but  weigh  it  after  he  took  it  from  the  ice-box. 

Q.  Did  he  insert  a  thermometer  into  this  glass  tube  which  he 
had  ?  A.  He  had  two  instruments ;  I  do  not  know  what  they  were. 

Q.  Did  he  put  them  into  the  glass?     A.  Yes,  sir;  he  did. 


234:  TESTIMONY  OF  DANIEL  SCHRUMPF. 

Q.  Did  lie  tell  you  what  degree  the  thermometer  was  at  ?  A.  No, 
he  did  not. 

Q.  Did  Dr.  White  say  anything  to  you  at  what  degree  the  lacto- 
meter stood  ?  A.  We  did  not  quite  agree  ;  I  saw  that  it  was  90  and 
he  said  it  was  only  85. 

Q.  Now,  Mr.  Schrumpf,  did  you  put  any  water  into  this  milk,  or 
put  anything  in  it  whatever  after  you  received  it  ?  A.  No. 

Q.  From  whom  and  when  did  you  receive  it  ?  A.  On  the  25th 
day  of  August,  from  my  son. 

Q.  When  and  what  time  of  day  was  it  you  received  it  ?  A.  One 
part  of  it  about  five  o'clock  in  the  morning,  and  another  part  be- 
tween nine  and  ten. 

Q.  Now  in  either  of  these  quantities  of  milk  received  by  you  did 
you  put  any  water  or  any  other  substance  into  it  ?  A.  No. 

Q.  Now  from  the  time  that  you  received  the  milk  up  to  the  time 
that  Dr.  White  inspected  it  who  had  access  to  it  ?  A.  Nobody  but 
myself. 

Q.  Have  you  ever  been  charged  before  with  selling  adulterated 
milk  ?  A.  Never  in  seventeen  years. 

Cross-examined  by  MR.  PRENTICE  : 

Q.  Did  you  talk  any  English  with  Dr.  White  ?  A.  I  under- 
stand a  good  deal  but  he  cannot  talk,  and  he  talked  with  me  in 
English  as  much  as  he  could  (Court  Interpreter). 

Q.  Did  you  speak  to  Dr.  White  in  English?  A.  I  spoke  to  him 
as  much  as  I  could  in  English. 

Q.  Can  you  talk  English  at  all  ?  A.  He  says  he  was  not  schooled 
in  English. 

Q.  You  have  now  understood  my  questions  without  the  use  of 
the  interpreter,  haven't  you,  Mr.  Schrumpf?  This  milk  was  in  a 
large  can  in  the  ice-box,  was  it  not  ?  A.  Yes,  sir. 

Q.  And  it  was  taken  from  that  large  can  in  the  ice-box  to  be 
tested  by  the  inspector,  Dr.  White  ?  A.  Yes,  sir. 

Q.  How  much  was  there  in  the  can  ?   A.  About  25  or  30  quarts. 

Q.  Mr.  Schrumpf,  you  read  the  lactometer  yourself,  didn't  you, 
the  degree  ?  A.  Yes,  sir,  I  did  see  it. 

Q.  You  have  had  your  milk  tested  before  by  inspectors,  have  you 
not  ?  A.  Yes,  sir. 


TESTIMONY  OF  JACOB  SCHBUMPF.  235 

Q.  How  many  times  ? 

(Objected  to  as  immaterial) 

A.  Only  once  before. 

Q.  "When  was  that — it  was  before  this  time  ?  A.  Yes,  sir,  before 
this  time,  over  a  year  ago. 

Q.  And  did  he  read  the  degree  on  the  lactometer  at  that  time  ? 

(Objected  to  as  immaterial ;  objection  sustained.) 

By  Mr.  WAEHNEE — Q.  Are  you  in  the  wholesale  milk  business  ? 
A.  I  used  four  cans  a  day,  forty  quarts  each. 

JACOB  SCHRUMPF,  sworn  and  examined  by  Mr.  WAEHNEB,  testified  : 

Q.  Mr.  Schrumpf,  you  are  the  son  of  the  defendant  here  ?  A. 
Yes,  sir. 

Q.  Where  did  you  obtain  this  milk  that  you  delivered  to  your 
father  upon  the  25th  of  August  ?  A.  I  got  it  up  at  the  48th  street 
depot. 

Q.  Did  you  during  the  time  that  that  milk  was  in  your  posses- 
sion that  day  put  any  water  in  it  or  adulterate  it  in  any  way  ?  A. 
I  did  not. 

Q.  Had  any  person  access  to  that  milk  or  have  it  in  charge  dur- 
ing that  time  up  to  the  time  you  delivered  it  to  your  father  but 
yourself?  A.  No,  sir. 

JOHN  H.  COMER,  sworn  and  examined  by  Mr.  LAWRENCE,   testified 
as  follows  : 

Q.  Where  do  you  live,  Mr.  Comer?  A.  Goshen,  Orange  county, 
New  York. 

Q.  And  you  do  business  in  this  city  ?     A.  I  do,  sir. 

Q.  What  is  your  business  ?  A.  I  am  a  practical  farmer  and  in 
this  city  I  am  an  expert  accountant. 

Q.  Are  you  connected  with  the  sale  of  milk  ?     A.  No,  sir. 

Q.  Have  you  formerly  been  largely  connected  with  the  sale  of 
milk  in  this  city  ?  A.  Yes,  sir,  to  a  moderate  extent. 

Q.  How  long  have  you  been  familiar  with  practical  farming? 
A.  Well,  sir,  I  was  brought  up  on  a  farm  when  I  was  a  boy  and  then 
resumed  it  again  some  six  or  eight  years  ago. 


236  TESTIMONY  OF  JOHN  H.   COMER. 

Q.  Are  you  acquainted  with  the  use  of  the  instrument  called  the 
lactometer?  A.  Yes,  sir. 

Q.  Have  you  used  it  yourself?     A.  I  have. 

Q.  Within  what  period  ?  A.  Constantly,  or  not  constantly,  but 
at  intervals  during  the  past  five  or  six  years. 

Q.  How  often  have  you  used  it  ?  A.  I  could  not  answer  that 
question  ;  a  large  number  of  times. 

Q.  You  used  it  as  a  test  for  milk  ?     A.  Yes,  sir. 

Q.  "What  is  iyour  opinion  of  the  lactometer  as  a  test  for  milk  ? 

(Objected  to  ;  objection  sustained.) 

Q.  How  long  have  you  kept  and  raised  cows  ?  A.  For  the  past 
six  years. 

Q.  How  long  were  you  engaged  in  selling  milk  ?  A.  I  should 
think  in  the  neighborhood  of  three  years,  perhaps  a  little  more. 

Q.  About  what  quantity  did  you  sell  daily  during  that  time  ?  A. 
I  commenced  with  selling  four  or  five  hundred  quarts  and  ran  up 
to  two  thousand. 

Q.  When  did  you  first  begin  to  use  the  lactometer  ?  A.  About 
six  years  ago  I  should  think,  sir. 

Q.  Now,  sir,  in  what  way  did  you  use  that,  and  for  what  pur- 
pose? A.  For  testing  milk  to  see  what  results  would  follow — to  see 
whether  I  could  tell  anything  about  it. 

Q.  Well,  sir,  describe  your  manner  of  making  tests  ?  A.  I 
would  take  the  milk,  for  instance,  from  a  single  cow  and  cool  it 
down  to  a  point  of  60  and  then  very  carefully  put  in  the  lactom- 
eter and  note  the  result. 

Q.  How  many  times  have  you  done  that  ?  A.  Well,  sir,  I  do 
not  know  ;  a  great  many  times ;  I  could  not  say  how  many  times. 

Q.  Do  you  think  you  have  done  it  upwards  of  one  hundred 
times  ?  A.  Yes,  sir  ;  I  should  think  fully  that. 

Q.  With  different  cows  ?     A.  Different  cows. 

Q.  Different  breeds  of  cows  ?     A.  Yes,  sir. 

By  the  COURT — Q.  Do  you  mean  you  tested  milk  of  different 
cows — the  milk  that  you  saw  milked  from  the  cows  ?  A.  Yes, 
sir. 

Q.  Did  you  test  milk  coming  from  New  York  ?  A.  I  have  done 
both. 

Q.  Where  did  you  get  the  lactometer  ?     A.  I  had  one  that  was 


TESTIMONY  OF  JOHN  H.    COMER.  237 

used  by  the  State  of  Massachusetts  and  one  that  was  made  by  a 
gentleman  on  Pearl  street. 

By  Mr.  LAWRENCE — Q.  What  is  his  name  ?  A.  Tagliabue,  on 
Pearl  street,  near  Fulton  street — something  like  that. 

The  COURT — Q.  Do  you  want  to  ascertain  from  this  witness  the 
actual  results  ? 

Mr.  LAWRENCE — Yes,  sir. 

The  COURT — The  question  as  to  his  opinion  of  the  lactometer  I 
exclude  ;  that  he  may  give  evidence  to  show  the  results  of  the  actual 
tests  he  made  may  be  admissible. 

By  Mr.  LAWRENCE — Q.  Will  you  state  what  results  you  have  ob- 
served from  tests  made  by  yourself  of  pure  milk  with  the  lactom- 
eter ?  A.  Well,  sir,  I  have  observed  very  diverse  results  ;  in  many 
cases  the  lactometer  would  indicate  a  very  low  standard. 

Q.  How  low?     A.  93  and  94. 

Q.  Very  often  ?     A.  Yes,  sir ;  quite  a  number  of  times. 

By  the  COURT — Q.  Standard  of  what  do  you  mean?  A.  I  mean 
that  the  indicator  on  the  lactometer  would  indicate  that  the  milk 
stood  at  93  or  94  by  the  scale  of  the  lactometer. 

Q.  What  did  you  suppose  that  indicated  ?  A.  I  supposed  that 
indicated  100  ;  pure  milk. 

Q.  What  did  you  suppose  was  to  be  inferred  from  the  fact  that 
the  lactometer  did  stand  at  a  certain  degree,  a  certain  mark — what 
did  you  infer  was  the  result — what  did  it  show  ?  A.  I  inferred  that 
if  it  showed  100  and  upwards  that  it  was  pure  milk ;  that  any- 
thing over  100  it  had  not  been  adulterated  in  any  way  or  anything 
taken  from  it. 

By  Mr.  LAWRENCE — Q.  Well,  sir,  how  many  times  did  you  find 
samples  of  milk  that  stood  at  93  and  94  ?  A.  Quite  a  number  of 
times  ;  in  that  neighborhood,  93,  94,  and  95  ;  quite  a  number  of 
different  times. 

Q.  Did  you  note  other  and  higher  results  ?     A.  Yes,  sir. 

Q.  State  them  ?  A.  I  have  known  them  very  frequently  to  be 
over  100  ;  I  think  I  never  in  any  one  instance  obtained  just  100,  but 
in  many  cases  have  gone  over  100. 

Q.  And  did  you  notice  any  difference  with  milk  rich  in  cream 
and  milk  not  as  rich  in  cream,  produced  by  the  lactometer  ?  A. 
Well,  sir,  of  milk  rich  in  butter  produce  I  have  noticed  a  great 


238  TESTIMONY  OF  JOHN  H.    COMER. 

difference,  that  is  to  say  taking  the  milk  and  churning,  and  the 
amount  of  butter  produced,  that  very  often  the  milk  which  appar- 
ently has  a  low  gravity  will  give  the  best  results  in  pounds  and 
ounces  of  butter. 

Q.  "Well,  sir,  good  butter-producing  milk,  how  low  have  you 
found  that  ?  A.  I  think  sir,  at  94. 

Q.  Mr.  Comer,  are  you  familiar  with  the  practical  authorities 
on  the  subject  of  dairy  farming  ?  A.  Yes,  sir  ;  so  far  as  they  are  in 
the  English  language. 

Q.  "  Practical  Husbandry,"  by  "Willard,  is  that  an  authority  on 
that  subject?  A.  It  is  sir  ;  in  this  country  decidedly. 

Q.  "  The  Dairy  Cow,"  is  that  book  an  authority  upon  the  sub- 
ject— by  Sturtevant  Bros.  ?  A.  Sturtevant  Bros.,  of  Farmington, 
Massachusetts,  it  is  an  authority. 

Cross-examined : 

Q.  Did  the  majority  of  instances  stand  above  100  ?  A.  I  think 
it  would  be  very  hard  to  say  ;  I  cannot  say  positively. 

Q.  What  is  the  standard  of  the  Massachusetts  lactometer,  do 
you  know  ?  A.  No,  sir  ;  nothing  except  as  marked  on  the  scale  ; 
100  as  I  understand,  it  is  the  scale  ;  that  is  all  I  know  about  it. 

Q.  And  this  other  lactometer,  do  you  know  what  standard  it  was 
regulated  by  ?  A.  I  do  not  know  anything,  except  100  is  the  stan- 
dard. 

Q.  Do  you  know  how  many  kinds  of  lactometers  there  are  ?  A. 
No,  sir. 

Q.  You  do  not  know  anything  about  the  different  standards  by 
which  they  are  regulated  ?  A.  No,  sir  ;  I  do  not 

Mr.  LAWEENCE — I  now  propose  to  offer  certain  evidence  as  to 
which  I  think  there  may  be  a  question  raised  ;  I  offer  to  prove  by 
customers  of  the  defendant,  Daniel  Schrumpf,  who  were  customers 
in  the  month  of  August  last,  and  for  a  long  time,  that  the  milk  sold 
by  him  was  good  wholesome  milk,  particularly  on  the  25th  day  of 
August. 

The  COURT — By  customers  you  mean  parties  who  bought  milk 
of  him. 

Mr.  LAWRENCE — Parties  who  are  in  the  habit  of  purchasing  milk 
from  him. 


TESTIMONY  OF  ELWYN  WALLER.  239 

The  COURT — I  do  not  think  it  is  admissible  ;  I  do  not  suppose 
water  is  very  injurious  ;  a  person  who  thinks  he  is  going  to  buy  milk 
does  not  want  to  buy  water. 

Mr.  LAWRENCE — There  are  certain  witnesses  whom  we  expect 
here  who  are  not  here  now,  and  I  am  forced  to  rest  the  case  for  the 
defence. 


Rebutting  testimony : 

ELWYN  WALLER  recalled  by  Mr.  PRENTICE  : 

Q.  Dr.  "Waller,  did  you  write  the  article  on  hydrometer  in 
Johnson's  Encyclopedia  ?  A.  I  did. 

Q.  Will  you  look  at  this  instrument  [instrument  shown  to  the 
witness] ;  that  is  the  lactometer  graduated  at  1.029,  the  standard  of 
the  Board  of  Health,  is  it  ?  A.  Yes,  sir. 

Q.  Is  there  any  mechanical  error  in  its  construction  ?  A.  None 
that  I  can  see. 

Q.  How  much  difference  ought  there  to  be  in  the  size  of  the 
degrees  ?  A.  The  degrees  at  the  upper  end  should  be — there  is  no 
apparent  difference  here — but  the  degrees  should  be  about  one- 
550th  part  of  an  inch  longer  than  the  degrees  at  this  the  lower  end 
of  the  scale. 

Q.  How  much  would  be  the  difference  of  the  size  of  one  degree 
from  that  next  to  it  ?  A.  Since  there  are  100  degrees,  the  difference 
between  the  size  of  one  degree  and  its  next  neighbor  should  be 
the  one  55000th  part  of  an  inch. 

Q.  Ought  the  lactometer  to  look  like  the  alcoholometer?  A. 
No,  it  should  not ;  if  it  looked  like  the  alcoholometer  I  should  con- 
sider it  incorrect ;  I  believe  that  experiment  would  carry  out  that 
view. 

Q.  If  you  could  distinguish  any  difference  in  the  size  of  degrees 
with  the  eye  would  you  consider  it  accurate  ?  A.  I  should  not. 

Q.  Did  you  visit  the  farm  of  Mr.  Mulf ord  in  Orange  County  ?  A. 
Yes,  sir  ;  I  did,  last  Saturday ;  I  visited  his  farm  and  saw  the  cows 
milked  in  the  evening — that  is  all  the  cows  which  he  milked ;  there 
were  only  four  that  evening;  those  he  called  his  regular  milkers; 
there  were  some  which  he  called  strippers. 


240  TESTIMONY  OF  ELWYN  WALLER. 

COUNSEL — We  move  to  strike  out  what  Mulford  called  them. 

The  COURT — I  will  strike  it  out. 

By  Mr.  PRENTICE — Q.  You  say,  sir,  that  those  four  were  all  of 
his  regular  milkers  ?  A.  Yes,  sir. 

Q.  Was  there  any  difference  in  his  herd  between  regular  milkers 
and  others  ?  A.  Yes,  sir  ;  he  distinguished  several  times  between 
regular  milkers  and  strippers. 

Q.  Do  you  know  if  there  was  any  difference  from  what  you  saw  ? 
A.  Yes,  sir ;  I  do  know. 

Q.  What  was  the  difference  ?  A.  The  strippers  were  milked 
but  once  a  day  and  gave  varying  quantities,  but  very  small  amounts  ; 
one  of  them  I  believe  gave  over  a  quart  of  milk  and  the  rest  under 
a  quart. 

Q.  Which  were  the  strippers  and  which  were  the  regular  milk- 
ers ;  give  their  names  and  the  quantities  ?  A.  In  the  evening  the  regu- 
lar milkers,  the  first  one  Charley  gave  between  three  and  four  quarts. 

Q.  What  did  it  stand  ?  A.  It  stood  105  at  59  degrees  ;  the  next 
one  is  the  Red  Heifer  and  gave  about  three  quarts  of  milk  which 
stood  100  degrees  on  the  lactometer  at  61 ;  the  Blue  cow  gave  four 
quarts  which  stood  104  degrees  at  61 ;  the  Gypsy  cow  gave  four 
quarts  which  at  59|  on  the  thermometer  stood  102  on  the  lactometer. 

Q.  Now,  sir,  did  you  see  the  whole  herd  milked  the  next  morn- 
ing ?  A.  I  saw  all  that  he  milked ;  there  was  some  that  were  dry 
at  the  time. 

Q.  State  all  that  he  milked  the  next  morning  ?  A.  The  next 
morning  he  milked  those  same  four  cows. 

Q.  How  did  their  milk  stand  in  the  morning  ?  A.  Charley  gave 
six  quarts  which  stood  108  at  60 ;  Eed  Heifer  gave  four  quarts  which 
stood  104  at  60  ;  the  Blue  cow  gave  six  quarts  which  stood  112  at 
60| ;  the  Gypsy  cow  gave  five  quarts  which  stood  107  at  60. 

Q.  Now,  the  strippers  ?  A.  Of  the  strippers  Andrew  gave  about 
half  a  pint  which  stood  104  at  59  or  thereabout. 

Q.  What  was  done  with  that  milk  ?  A.  That  was  put  in  with 
the  other  milk ;  no,  it  was  not,  for  it  was  distributed  between  Mr. 
Doremus  and  myself ;  no,  that  was  not  taken  as  a  sample ;  that  was 
put  in  with  all  the  other  milk. 

Q.  What  was  the  next  one  ?  A.  Fanny  gave  about  a  pint  which 
stood  93  at  59  ;  a  sample  of  that  was  taken. 


TESTIMONY  OF  ELWYN  WALLER.  241 

Q.  By  whom  ?  A.  Mr.  Doremus  took  a  portion  of  it  and  I  took 
another  part. 

Q.  Thomas  C.  Doremus?     A.  Thomas  C.  Doremus. 

Q.  He  was  present  ?     A.  He  was  present  in  the  morning. 

Q.  Go  on  ?  A.  Star  gave  between  a  pint  and  a  quart,  about  a 
pint  and  a  half,  which  stood  104  at  59^  ;  Eider  gave  three  pints 
which  stood  103  at  60  ;  the  Mooley  cow  gave  about  a  pint  which 
stood  99  at  60 ;  a  sample  of  that  was  also  taken ;  the  Yellow  cow 
gave  a  little  over  three  pints,  just  about  three,  which  stood  102  at 
60  J  ;  the  Black  cow  gave  about  a  pint  and  a  half  which  stood  78  at 
60  ;  a  sample  of  that  was  taken. 

Q.  What  was  done  with  the  whole  of  the  milk  of  the  black  cow  ? 
A.  That  was  divided  between  Mr.  Doremus  and  myself  for  samples. 

Q.  Any  other  samples  taken  ?  A.  There  were  but  three  samples 
taken  one  from  Fanny,  another  from  the  Mooley  cow,  and  the  other 
from  the  Black  cow ;  the  other  cow  I  have  not  mentioned  ;  Dr. 
O'Connor  saw  that  cow  milked. 

Q.  These  strippers  with  the  exception  of  the  black  cow,  were 
they  with  calf  ?  A.  Yes,  sir  ;  they  were  ;  they  were  expecting  the 
calves  to  be  born  within  two  months. 

Q.  "What  are  strippers  ?  A.  Strippers  is  a  name  applied  to  cows 
which  are  drying  off  and  therefore  giving  less  milk  ;  the  black  cow 
was  called  a  stripper  in  so  far  she  was  drying  off  and  not  being  a 
good  milker  she  was  to  be  fatted  for  beef :  the  others  were  called 
strippers. 

Q.  Was  the  black  cow  in  calf  ?  A.  The  black  cow  was  not  in 
calf. 

Q.  Was  the  milk  of  the  strippers  like  other  milk  ?  It  does  not 
appear  to  me  from  the  examination  I  have  made  since  I  returned. 

Q.  Now,  sir,  what  was  the  food  of  these  cows  ?  A.  I  only  saw  • 
the  food  given  them  to  be  oat  straw  ;  while  we  were  standing  look- 
ing at  one  of  the  cow's  milk  Thomas  Doremus  took  a  wisp  of  hay 
from  near  by  and  handed  it  to  one  of  the  cows,  and  then  as  they  all 
seemed  very  eager  for  it  he  pulled  some  more  and  handed  it  to 
them ;  that  was  all  the  hay  I  saw  them  gee. 

Q.  Was  there  any  conversation  in  Thomas  Doremus'  presence 
about  the  food  of  the  cows  and  their  care  ?  A.  I  think  there  was, 
I  do  not  remember  exactly. 


242  TESTIMONY  OF  ELWYN  WALLER. 

Q.  State  the  substance,  if  you  recollect  it,  of  the  conversation  ? 
A.  I  do  not  remember  anything  with  regard  to  the  food  of  cows ; 
we  had  conversation  with  regard  to  the  amount  of  milk  they  gave, 
but  that  is  another  point. 

Q.  What  was  the  appearance  of  these  cows  ?  A.  Their  coats 
were  apparently  rough,  though  that  may  have  been  due  to  the  cold 
weather,  and  those  who  were  with  calf  were  big  with  calf  and  showed 
it  in  that  way. 

Q.  Now,  sir,  have  you  analyzed  the  samples  of  milk  from  these 
strippers  ?  A.  I  analyzed  the  three  samples  which  I  brought  with 
me  for  the  amount  of  water  ;  if  you  wish  the  results  I  can  give  them 
to  you. 

A.  Yes,  sir,  give  the  results  if  you  please  ?  A.  The  milk  from  the 
Mooley  cow,  which  stood  at  99  contained  86.66  per  cent,  of  water ; 
the  milk  from  the  Black  cow,  which  stood  at  78  contained  91.54  per 
cent,  of  water ;  the  milk  from  Fanny,  which  stood  at  93  contained 
86.97  of  water ;  I  also  allowed  them  to  stand  to  measure  the  amount 
of  cream  ;  the  milk  from  the  Mooley  cow  I  could  not  see  any  definite 
line  of  cream  at  all ;  the  milk  from  the  black  cow  after  standing 
raised  about  11  per  cent,  in  bulk,  something  w^hich  was  not  cream, 
it  was  a  curdy  substance  that  might  have  contained  more  or  less 
cream  but  did  not  have  the  regular  appearance  of  cream  and  un- 
doubtedly was  not ;  there  was  also  a  sediment  in  it,  a  small  amount ; 
the  milk  of  Fanny  raised  11.5  per  cent,  by  bulk  of  cream. 

Q.  Was  there  any  alkaline  reaction  in  this  sample.  A.  The  re- 
action was  strongly  alkaline  in  all  three. 

Q.  Is  that  a  usual  thing  in  normal  milk  ?  A.  It  is  not,  not  so 
strong  an  alkaline  reaction  ;  the  reaction  of  milk  is  very  faintly 
alkaline,  good  milk. 

Q.  This  was  strong  ?     A.  This  was  strong. 

Q.  And  in  fresh  milk  the  alkaline  reaction  is  faint  ?  A.  The 
alkaline  reaction  is  faint,  it  passes  away  when  milk  is  sour  and  that 
will  soon  happen  if  the  milk  has  been  kept  under  conditions  favor- 
able for  souring. 

Q.  Has  this  milk  been  soured  ?  A.  When  I  tested  it ;  I  do  not 
know  whether  it  is  now,  because  I  have  not  tested  it  since. 

Q.  Now,  these  samples  did  you  keep  under  your  own  care  from 
the  moment  the  milk  came  from  the  cow  till  this  moment  ?  A.  The 
samples  which  I  took  I  did. 


TESTIMONY  OF  ELWYN  WALLER.  243 

Q.  State  what  precautions  you  took  ?  A.  I  watched  the  cows 
milked,  and  then  the  milk  was  taken  into  the  house  and  it  was 
tested  and  then  the  samples  were  taken  and  placed  in  these  bottles 
which  I  have  here,  the  green  bottles,  and  sealed  up. 

Q.  By  yourself?     A.  By  myself. 

Q.  "With  a  private  seal  ?  A.  "With  a  private  seal ;  I  am  wrong, 
I  put  a  different  seal  on  each  one  so  as  to  distinguish  them. 

Q.  Have  you  kept  charge  of  them  since  ?  A.  I  have  kept  charge 
of  them  since. 

Q.  The  milk  of  the  Black  cow  when  it  was  taken,  state  its 
appearance?  A.  It  appeared  watery,  and  there  were  these  curdy 
masses  floating  in  it,  which,  when  the  milk  was  placed  on  a  strainer, 
seemed  to  prevent  entirely  its  running  through,  or  nearly  so.  Mr. 
Hoot,  I  believe,  put  his  finger  in  and  rubbed  them  in  this  way,  and 
the  milk  finally  got  through ;  the  milk  was  strained  before  we  took 
our  test. 

Q.  Which  is  a  sample  of  the  Black  cow's  milk?  A.  This  is  a 
sample  of  the  Black  cow's  milk  [bottle  produced] ;  I  put  some  here 
in  a  colorless  glass,  a  glass  of  less  color,  so  that  it  might  be  seen ; 
so  that  it  might  be  more  visible. 

Q.  Do  you  consider  that  normal  milk  from  a  healthy  cow  ?  A. 
I  do  not  consider  it  milk  in  a  normal  condition ;  I  should  no  more 
want  to  taste  that,  than  I  should  want  to  taste  matter  from  the 
ground. 

Q.  I  understand  you  to  say  that  you  would  not  taste  of  it  ?  A. 
Not  any  more  than  I  would  matter  from  a  running  sore. 

Q.  The  outward  appearance  of  the  cow,  did  it  seem  healthy.  A. 
So  far  as  I  could  judge ;  her  coat  was  rough,  as  I  said. 

Cross-examined  by  Mr.  WAEHNEE  : 

Q.  Now,  Doctor,  do  I  understand  you  to  say  that  all  the  cows 
in  this  dairy,  with  the  exception  of  four,  were  strippers  ?  A.  All 
cows  that  were  milked,  with  the  exception  of  four,  were  strippers. 

Q.  The  only  knowledge  that  you  had  upon  the  subject  that  they 
were  strippers  was  derived  from  information  that  you  received  from 
the  farm,  was  it  ?  A.  I  saw  for  myself  that  they  were  milked  but 
once  a  day,  and  that  they  gave  a  very  small  amount. 


244  TESTIMONY   OF  ELWYN  WALLER. 

Q.  Now,  how  often  had  you  been  to  Mulford's  place  ?  A.  That 
was  the  only  occasion. 

Q.  You  were  not  there  'upon  the  day  preceding  to  ascertain 
whether  these  same  cows  had  been  milked  ?  A.  To  which  day  do 
you  refer? 

Q.  Upon  the  evening  preceding  ?  A.  I  was  on  Saturday  evening, 
and  saw  them  milked  then ;  and  also  on  Sunday  morning  I  saw 
them  milked  again ;  and  I  saw  the  morning's  and  evening's  milk. 

Q.  You  left  what  time,  on  Sunday  ?  A.  We  left  by  the  train 
which  left  there  about  half-past  three. 

Q.  Then  you  will  not  swear  that  those  same  cows  that  had  been 
milked  in  the  morning  were  not  milked  in  the  afternoon  ?  A.  I 
will  not  swear  they  were  not  milked  on  Sunday  afternoon  ;  I  will 
swear  they  were  not  milked  on  Saturday  afternoon  ;  the  man  only 
milked  the  four  cows  and  then  came  into  the  house,  and  was  with 
me  for  an  hour  or  so  ;  all  the  male  members  of  the  family  were 
about. 

Q.  Did  he  milk  the  cow  Andrew  ?  A.  Yes,  he  milked  the  cow 
Andrew  on  Sunday  morning. 

Q.  Do  you  know  whether  he  milked  her  on  the  evening  preced- 
ing ?  A.  I  know  he  did  not. 

Q.  Was  she  a  stripper,  also  ?     A.  She  was  a  stripper. 

Q.  There  were  eight  strippers  ?  A.  Yes,  sir  ;  there  were  eight 
strippers. 

Q.  You  did  not  take  any  samples  from  Andrew  ?  A.  N  o,  I  did 
not. 

Q.  The  milk  by  the  lactometer  stood  104,  did  it,  in  the  case  of 
Andrew  ?  A.  In  the  case  of  Andrew,  it  stood  104  at  59. 

Q.  How  much  did  she  yield  ?     A.  She  yielded  about  half  a  pint. 

Q.  Star  yielded  milk  at  103  and  a  half  by  the  lactometer  ?  A. 
That  might  have  been  Mr.  Doremus'  record,  mine  is  104. 

Q.  She  yielded  but  a  pint  of  milk  ?  A.  She  yielded  a  little  over 
a  pint ;  I  put  it  down  between  a  pint  and  a  quart. 

Q.  Can  you  say  definitely  how  much  over  a  pint  ?  A.  I  should 
think  about  a  pint  and  a  half. 

Q.  That  is  a  stripper  also  ?     A.  She  is  a  stripper  also. 

Q.  Eider,  with  the  lactometer  at  103,  and  at  60,  yielded  three 
pints,  that  is  a  stripper  also  ?  A.  Yes,  sir  ;  three  pints. 


TESTIMONY  OF  ELWYN  WALLER.  245 

Q.  Now,  Low  long  has  that  bottle  been  in  your  possession? 
A.  It  has  been  in  my  possession  since  last  Sunday. 

Q.  You  have  had  this  bottle  in  court  here  since  that  time,  have 
you  not  ?  A.  I  had  this  here  yesterday. 

Q.  Taken  it  from  here  ?     A.  Taken  it  to  my  house. 

Q.  There  is  a  change  of  temperature  in  your  house,  is  there  not? 

A.  I  took  care  to  put  it  into  a  cold  room  and  let  it  remain  there? 

Q.  Did  I  understand  you  to  say  that  you  had  analyzed  a  sample 
of  that  milk  ?  A.  I  did. 

Q.  Is  that  all  the  sample  that  you  took  ?  A.  This  is  not  all ;  the 
contents  of  these  bottles  is  what  is  left;  I  brought  the  sample  home; 
I  unsealed  the  bottle  on  Christmas  morning  and  took  out  sufficient 
for  an  analysis ;  I  gave  some  to  Doctor  Chandler;  he  wished  to  let 
it  stand  to  see  how  the  cream  raised  ;  and  then  I  put  some  in  these 
bottles  and  sealed  it  up  again. 

Q.  Then  that  is  not  the  original  bottle  which  you  sealed  at  Mul- 
ford's  ?  A.  These  greenish  bottles  are  the  original  bottles  which  I 
sealed  there. 

Q.  But  the  smaller  bottle  is  not  ?  A.  The  smaller  bottle  is 
not. 

Q.  You  made  an  analysis,  you  say,  of  the  milk  from  the  Black 
cow  ?  A.  Yes,  sir  ;  I  did  ;  that  is  for  water ;  I  did  not  test  it  for 
anything  else. 

Q.  And  Fanny  also  ?     A.  Yes,  sir  ;  and  Fanny. 

Q.  You  did  not  analyze  the  milk  from  Star  ?  A.  I  did  not ;  I 
did  not  take  any  sample. 

Q.  Nor  of  any  of  the  others  ?  A.  I  analyzed  the  milk  from  the 
Mooley  also  ;  those  three. 

Q.  Then  three  that  you  only  analyzed  were  the  milk  of  strippers 
which  fell  below  100?  A.  Yes,  sir. 

Q.  And  those  which  were  above  100  were  perfectly  good  milk- 
ers? A.  No,  sir;  I  did  not  say  anything  of  that  kind. 

Q.  I  ask  it  as  a  question  ? 

(Objected  to.) 

A.  I  do  not  know  whether  they  were  or  not ;  I  do  not  think  they 
were. 

Q.  Now  this  milk  which  stood  at  103.5  was  Star's?  A.  I  believe 
I  made  it  104 


24:6  TESTIMONY  OF  ELWYN  WALLER. 

Q.  From  the  inspection  of  that  milk  and  the  test  with  the  lac- 
tometer and  the  evidence  of  your  senses  did  you  regard  that  milk  to 
be  pure  wholesome  milk?  A.  I  should  not  judge  from  the  experi- 
ments, from  the  other  samples. 

Q.  If  you  had  not  the  other  samples  and  should  find  a  sam- 
ple of  milk  standing  at  103  J  by  the  lactometer,  which,  upon 
analysis,  would  not  show  any  abnormal  condition,  would  not  you 
regard  that  as  pure  wholesome  milk?  A.  Well,  if  I  applied  all  my 
senses  to  it ;  I  did  not  apply  the  sense  of  taste  to  that ;  I  did  not 
test  any  of  the  samples  of  milk. 

Q.  Did  you  regard  that  standing  at  103J  as  the  other  which 
stood  at  78  ? 

(Objected  to  ;  objection  sustained.) 

Q.  Have  you  any  of  those  samples  here  which  stood  over  100  ? 
A.  I  have  not. 

Q.  How  many  samples  have  you  got  here  ?  A.  I  brought  three 
samples. 

Q.  And  all  those  stood  below  100  ?  A.  All  those  stood  below; 
one  of  them  but  one  degree  below. 

Q.  Upon  your  analysis  of  the  milk  of  the  cow  Mooley  did  you 
discover  anything  abnormal  about  that  ?  A.  Not  so  far  as  I  got ; 
the  percentage  of  water  is  about  correct  with  the  exception  of  & 
strong  alkaline  reaction  which  is  in  itself  suspicious  as  to  the  qual- 
ity of  the  milk. 

Q.  Will  you  explain  what  you  mean  by  alkaline  reaction  ?  A. 
It  turns  the  testing-paper  blue. 

Q.  Well,  did  you  regard  that  as  pure  wholesome  milk  from  the 
cow  Mooley  ?  A.  I  should  hardly  think  it  was. 

Q.  That  I  understand  you  to  say  stood  at  99  or  98^,  which  is- 
it?  A.  I  made  it  99. 

Q.  Now  the  milk  from  the  cow  Fanny  which  had  nearly  87  per 
cent,  of  water,  what  did  your  analysis  determine  there  ?  A.  The 
same  as  in  the  case  of  the  cow  Mooley. 

Q.  What  inference  did  you  deduce  or  what  did  you  conclude 
from  this  alkaline  reaction  being  apparent  in  those  samples  ?  A. 
That  there  was  something  abnormal  in  the  milk  ;  what  I  could  not 
tell. 

Q.  You  could  not  tell  what  it  was  ?    A.  No,  not   without  any 


TESTIMONY  OF  JOSEPH  T.   O'CONNOR.  247 

further  examination ;  a  microscopic  examination  might  be  neces- 
sary. 

Q.  Did  you  make  any  further  examination  ?  A.  No,  sir ;  I 
thought  the  state  of  the  health  of  the  cow  was  sufficient. 

Q.  Now  concerning  that  strainer,  Dr.  Waller,  don't  you  recollect 
the  offer  of  some  person  present  there  to  clean  the  strainer?  A. 
Mrs.  Mulford  offered  to  clean  the  strainer,  I  believe  she  did  offer 
to  do  so. 

Q.  Was  not  that  obstruction  of  the  strainer  produced  by  the  dirt 
in  it  at  the  time  ?  A.  No,  it  was  not. 

Q.  Are  you  sure  about  that  ?  A.  I  am  sure  about  that  because 
the  dirt  that  was  in  the  strainer  was  almost  entirely  straws  and  things 
that  did  not  really  clog  the  strainer  at  all,  they  just  lay  there. 

Q.  They  were  straws  lying  at  the  bottom  ?  A.  Straws  lying  at 
the  bottom  and  dropped  into  the  milk  while  milking. 

Q.  And  it  was  necessary  if  you  wanted  the  milk  to  run  through 
to  remove  these  straws  ?  A.  No,  there  were  not  straws  enough  for 
that ;  you  could  count  them  on  your  fingers,  three  straws  about  an 
inch  long. 

Q.  Did  anybody  ask  Mrs.  Mulford  to  wash  these  ? 

(Objected  to  ;  objection  sustained ;  exception.) 

Q.  This  lactometer  that  you  had  with  you,  did  you  test  that 
yourself  ?  A.  That  was  one  of  those  that  I  tested  myself. 

Q.  The  results  of  these  strippers,  the  milk  that  comes  from  the 
strippers,  does  not  that  come  to  the  city  the  same  as  other  milk 
does? 

Objected  to ;  objection  sustained.) 


JOSEPH  T.  O'CONNOR  recalled,  by  Mr.  PRENTICE  : 

Q.  Dr.  O'Connor,  you  were  with  Dr.  Waller  on  the  23d  and  24th 
of  December  on  a  visit  to  Mr.  Mulford's  farm  ?  A.  Yes,  sir. 

Q.  And  there  met  Thomas  C.  Doremus  and  Mr.  Boot  ?  A.  We 
did,  the  next  morning. 

Q.  You  witnessed  the  milking  of  cows  ?  A.  I  witnessed  some  of 
them,  not  all  of  them  ;  I  was  present  in  general,  we  divided  up  the 
work  as  it  were,  but  in  all  cases  the  milk  was  brought  into  the 


24:8  TESTIMONY   OF  JOSEPH  T.   O'CONNOB. 

house  and  all  four  of  us  saw  it  there,  and  tested  it  and  we  all  agreed 
substantially. 

Q.  You  have  heard  Dr.  Waller's  testimony  in  regard  to  the  cir- 
cumstances of  that  visit  now  given  ?  A.  Yes,  sir. 

Q.  Was  it  correct  ?     A.  Yes,  it  seems  to  me  so. 

Q.  Did  you  test  the  milk  of  the  different  cows  ?  A.  Of  some  of 
them,  sir.  Dr.  Waller  and  I  tested  together  the  milk  of  the  four 
cows  which  were  known  as  milkers ;  that  was  on  Saturday  night  and 
on  the  next  morning. 

Q.  Did  you  hear  Dr.  Waller  read  the  tests  ?     A.  Yes,  sir. 

Q.  Does  your  memory  agree  with  his  ?  A.  My  memory  does  of 
that  Saturday  night ;  I  have  no  memorandum  of  Saturday  night, 
because  I  put  half  of  it  down  myself  in  Dr.  Waller's  book,  but  my 
memory  is  that  it  is  correct,  as  I  was  present  and  saw  the  thing 
written  down  ;  of  the  next  morning,  however,  I  have  a  full  memo- 
randum. 

Q.  Now,  sir,  what  cows  were  milked  on  Saturday  night  ?  A. 
The  cow  Charley  ;  three  or  four  quarts  at  59  degrees  stood  at  105  ; 
the  cows  Charley,  Eed  Heifer,  Blue  cow,  and  Gypsy  were  milked  in 
my  presence  Saturday  night. 

Q.  Any  other  cows  ?     A.  Not  that  night,  sir. 

Q.  Now,  sir ;  how  about  next  morning  ?  A.  The  next  morning 
there  were  milked  in  my  presence  the  same  four  cows  just  given. 

Q.  And  is  the  test  the  same  ?  A.  Well,  the  tests  were  what  Dr. 
Waller  read  I  suppose  ;  I  have  no  doubt  about  it ;  we  all  agreed 
upon  that  point  substantially,  within  a  very  small  fraction. 

Q.  Go  on.     A.  Following  them  came  the  cow  Andrew. 

Q.  Any  distinction  in  the  cows  ?  A.  Yes,  sir ;  these  following 
ones  are  the  strippers. 

Q.  Give  them,  if  you  please  ?  A.  Andrew,  Fanny,  Star,  Spot, 
and  I  am  not  sure  I  saw  the  Yellow  cow  milked  ;  I  do  not  know,  I 
have  forgotten  about  that. 

Q.  Did  you  watch  the  milking  of  the  Black  cow  ?  A.  I  did 
not. 

Q.  Did  you  see  the  milk  of  the  Black  cow  after  it  was  taken  ? 
A.  I  did,  sir. 

Q.  What  was  its  appearance  ?  A.  Its  appearance  was  that  of  a 
thin  fluid  that  looked  to  me  to  be  perceptibly  bluish,  having  float- 


TESTIMONY  OF  JOSEPH  T.    0' CONNOR.  249 

ing  upon  its  surface,  as  it  was  floating  in  the  pan,  stringy  clots ;  I 
should  say  round  masses,  well  perhaps  an  eighth  to  a  quarter  of  an 
inch  in  diameter  and  having  a  stringy  appearance  ;  I  called  the  at- 
tention of  the  gentlemen  to  this  appearance  and  it  was  noticed  ; 
upon  being  thrown  on  the  strainer  the  first  portion  of  it  passed 
through  readily,  but  it  seemed  to  clog,  and  one  of  the  gentlemen,  as 
has  been  testified,  in  addition  to  simply  removing  the  obstructions 
that  were  there  to  its  passage,  rubbed  the  stringy  masses,  crushing 
them  through  the  meshes  of  the  strainer. 

Q.  What  were  the  obstructions  ?  A.  I  think  it  was  this  clot- 
ted substance  itself,  although  there  were  some  straws  and  particles 
of  dirt. 

Q.  Did  you  judge  that  to  be  normal  milk  ?     A.  In  no  sense,  sir. 

A.  From  the  indications  that  you  then  saw  of  the  milk  of  that 
cow  should  you  judge  that  cow  to  be  a  healthy  one  ?  A.  I  should 
judge  from  the  product  that  her  bag  gave  that  she  was  not  in  a 
healthy  condition. 

Q.  You  saw  the  cow  ?     A.  Yes,  sir  ;  I  saw  the  cow  afterwards. 

Q.  What  were  the  cows  feeding  on  ?  A.  As  far  as  my  knowl- 
edge goes  they  were  feeding  on  straw. 

Q.  What  kind  of  straw  ?     A.  Oat  straw,  I  believe. 

Q.  Was  there  any  conversation  about  the  food  of  cows  in  the 
presence  of  Mr.  Doremus  ?  A.  I  do  not  know  whether  those  gen- 
tlemen were  there  ;  it  seemed  to  me  that  we  were  all  together  pass- 
ing into  the  barn.  Somebody,  I  believe  it  was  myself,  kicked  over 
a  little  stuff  and  said,  What  are  you  feeding  ?  Is  this  hay  ?  I  would 
not  say  that  Mr.  Doremus  was  there ;  we  were  all  in  a  crowd  together, 
but  my  impression  is  Mr.  Doremus  was  there  ;  he  may  not  have  been 
beside  me  and  may  not  have  heard  me  ;  I  do  not  know  about  that ; 
we  were  all  there  together. 

COUNSEL — I  object  to  what  other  people  said  to  him. 

The  COURT — That  is  excluded. 

By  the  COURT — Q.  Do  you  say  you  saw  them  feeding  on  oat 
straw?  A.  I  did,  sir. 

Q.  You  saw  them  eating  nothing  else  ?  A.  I  saw  them  eating 
nothing  else. 

By  Mr.  PRENTICE — Q.  Now  did  you  receive  a  bottle  from  Dr. 
Chandler  ?  A.  I  did,  sir. 


250  TESTIMONY  OF  JOSEPH  T.    O1  CONNOR. 

Q.  Do  you  know  what  it  contained  ?  A.  Well,  sir,  I  can  state 
what  it  was  said  to  contain  ;  it  contained  the  milk — 

The  COUNSEL — We  object. 

Q.  Was  it  like  or  unlike  that  milk  you  saw  taken  afterwards 
from  the  Black  cow  ?  A.  It  was  like  it  except  that  I  saw  in  his 
bottle  none  of  the  large  clots  with  the  stringy  masses  attached. 

Q.  But  in  other  appearances  it  was  like  that?     A.  Yes,  sir. 

By  the  COURT — Q.  Which  cow  was  that?     A.  The  Black  cow. 

By  Mr.  PEENTICE — Q.  What  did  your  examination  disclose ;  state 
how  you  conducted  your  examination  of  this  and  what  it  disclosed  ? 
A.  I  took  that  milk — 

By  the  COURT — Q.  That  was  the  Black  cow?  A.  Yes,  sir,  and 
tested  it  with  red  litmus  paper  and  found  it  strongly  alkaline  on 
the  date  I  received  the  bottle. 

Q.  Did  you  taste  it  ?     A.  I  did  by  inadvertence. 

Q.  Did  you  intentionally  taste  it?     A.  No,  sir. 

Q.  Well  sir,  go  on  ?  A.  I  poured  it  then  into  a  conical  glass 
which  had  been  thoroughly  cleansed  by  me,  and  allowed  it  to  stand 
for  some  hours  ;  I  then  examined  a  whitish  sediment  which  appear- 
ed at  the  apex  of  the  cone  within  the  glass  and  made  repeated  ex- 
aminations, taking  up  various  portions  and  examined  them  through 
the  microscope. 

Q.  You  examined  it  with  the  microscope  of  what  power?  A.  I 
estimate  the  power  of  the  microscope  as  I  used  it  to  be  about  two 
hundred  and  fifty  diameters. 

Q.  What  did  you  find  ?  A.  I  found  this  white  sediment  which 
was  at  the  bottom  of  the  glass  to  be  loaded  with  fine  pus  corpuscles. 

Q.  What  is  pus? 

(Objected  to.) 

Q.  You  are  a  doctor  ?     A.  I  am  a  medical  man  by  profession. 

Q.  How  long  have  you  been  in  practice  ?  A.  I  graduated  very 
nearly  ten  years  ago. 

Q.  Have  you  made  microscopic  observations  ?  A.  I  have  made 
a  large  number  of  them. 

Q.  What  is  pus  ?  A.  Healthy  pus,  laudable  pus — because  there 
are  a  variety  of  pusses  so  that  it  is  impossible  to  define  them — lau- 
dable pus,  as  it  is  termed,  is  a  thick  creamy  liquid  of  the  specific 
gravity  of  somewhere  about  1.030 — a  state  of  the  liquid  to  a  certain 


TESTIMONY  OF  JOSEPH  T.    O'CONNOB.  251 

organized  substance  within  termed  pus-cells.  That  is  a  definition 
of  pus. 

Q.  Where  do  you  find  pus  ?  A.  Pus  may  be  found  in  various 
conditions  in  various  parts  of  the  body. 

Q.  Is  it  a  morbid  secretion  ?  A.  It  undoubtedly  is  a  morbid 
secretion. 

Q.  Had  this  a  healthy  or  unhealthy  appearance  ?  A.  It  was 
certainly  unhealthy,  it  was  a  morbid  product. 

Q.  Do  you  call  this  substance  normal  milk?  Q.  It  may  contain 
the  elements  of  milk,  but  it  certainly  has  other  substances  added 
which  makes  it  as  a  whole  not  milk  as  a  natural  normal  product. 

Cross-examined  by  Mr.  LAWEENCE  : 

Q.  When  did  you  receive  this  bottle  containing  the  pus  ?  A.  I 
received  it  yesterday. 

Q.  When  did  you  test  it  ?  A.  I  tested  it  yesterday  afternoon,  I 
commenced  the  test  of  it  yesterday  afternoon. 

Q.  Where  is  it  now  ?  A.  Well,  I  have  used  it  up,  a  good  deal  of 
it. 

Q.  Where  did  you  get  it  from?     A.  Prom  Dr.  Chandler  here. 

Q.  Now  can  you  state  what  that  fluid  was  originally  :     A.  No,  sir. 

Q.  Can  you  state  what  the  reaction  was  or  what  it  would  have 
been  if  tested  when  fresh  ?  A.  No,  sir. 

Q.  Now,  sir,  can  you  state  whether  the  alkaline  reaction  was  due 
to  ammonia  or  potash  ?  A.  It  was  not  due  to  ammonia. 

Q.  What  was  it  due  to  ?  A.  It  may  have  been  one  or  the  other 
of  the  alkalies  ;  I  made  no  test  to  examine  for  that. 

Q.  May  not  the  reaction  have  been  different  a  day  or  two  before 
the  time  you  made  your  test?  A.  It  might  have  been.  I  do  not 
know  anything  about  its  history  before,  as  far  as  my  own  knowledge 
goes. 

Q.  Did  you  ever  analyze  milk  that  had  been  a  long  time  from 
the  cow?  A.  No,  sir. 

Q.  Well,  now,  sir,  have  you  ever  taken  the  reaction  of  milk  as 
it  came  from  the  cow  ?  A.  No,  sir. 

Q.  Then  how  do  you  assume  because  there  action  is  alkaline  that 
it  is  unhealthy  ?  A.  Because  I  know  that  milk  in  that  period,  or 
rather  the  period  that  I  was  informed  was  the  length  of  time  ex- 


252  TESTIMONY  OF  JOSEPH  T.   O'CONNOR. 

pired  from  the  time  I  got  it,  milk  even  at   this   temperature   would 
have  turned  sour. 

Q.  What  time  was  it  ?  A.  It  was  a  week  ago  last  Monday,  as  I 
understand  it. 

Q.  Then  you  pronounced  it  unhealthy  because  it  soured  within  a 
week  ?  A.  It  had  not  soured  in  the  first  instance. 

Q.  Do  you  know  at  what  temperature  it  had  been  kept  ?  A.  I 
do  not  know,  sir. 

Q.  You  stated  just  now,  sir,  what  healthy  pus  was  ;  will  you 
state  what  unhealthy  pus  is  ?  A.  Unhealthy  pus  cannot  be  de- 
fined ;  as  far  as  I  take  it  there  are  various  varieties ;  I  would  simply 
state  that  in  all  pus  these  peculiar  bodies  termed  pus-cells  are 
present. 

Q.  Now,  sir,  is  not  all  pus  unhealthy  ?  A.  I  said  healthy  pus, 
I  meant  to  say  laudable  pus. 

Q.  What  did  you  find  that  is  praiseworthy  in  it ;  do  I  under- 
stand you  correctly  now  that  there  is  no  such  thing  as  healthy 
pus  ?  A.  Well,  sir,  as  all  pus  is  the  result  of  unhealthy  processes, 
I  take  it  there  is  no  such  thing  as  healthy  pus,  but  the  term  healthy 
pus  is  used  to  apply  to  a  pus  which  is  not  abnormally  far  from  the 
pathological  standard. 

Q.  Well,  now,  are  there  not  white  blood  corpuscles  found  in 
this  milk?  A.  Yes,  sir. 

Q.  How  do  you  know  the  blood  corpuscles  may  not  have  been 
mingled  with  the  fluid  ?  A.  I  know  that  it  is  a  principle  in  pathol- 
ogy that  white  blood  corpuscles  are  not  present  outside  of  the 
blood  in  such  immense  numbers  as  I  saw  them,  except  under  con- 
ditions of  inflammation,  and  then  they  are  termed  pus. 

Q.  Well,  sir,  did  you  ever  apply  the  microscope  before  to  milk 
that  was  a  week  old  ?  A.  I  did  not,  sir,  to  milk  a  week  old. 

Q.  Now  can  you  state  that  at  the  end  of  a  week  milk  a  week  old 
would  not  present  the  same  results  as  were  obtained  by  you  from 
your  analysis  of  this  fluid — milk  kept  at  varying  temperatures  I 
mean,  sir  ?  A.  No  milk,  no  matter  how  long  it  could  be  kept,  could 
have  pus  corpuscles  develop  in  it ;  pus  corpuscles  must  have  been 
there  when  the  milk  was  drawn. 

Q.  Is  it  your  opinion  that  no  healthy  milk  which  had  been  kept 


TESTIMONY  OF  JOSEPH  T.   O'CONNOR.  253 

for  a  week  in  varying  temperatures  would  present  the  same  results 
that  came  from  this  fluid  tested  by  you  ?  A.  Yes,  sir. 

Q.  Now  what  was  the  appearance  of  this  fluid  ?  A.  In  which 
way,  sir,  under  the  microscope  or  in  the — 

Q.  Under  the  microscope  ?  A.  There  were  a  large  of  number  fat 
globules  which  are  of  course  always  present  in  any  milk  fluid,  that 
is  to  say  in  fluid  made  by  the  admixture  of  milk  or  in  an  emul- 
sion. 

Q.  Did  you  take  the  specific  gravity  of  this  fluid  ?     A.  I  did  not. 

Q.  How  much  butter  did  you  find  contained  in  it  ?  A.  I  made 
no  chemical  analysis. 

Q.  You  simply  made  a  microscopic  test?  A.  A  microscopic 
test. 

Q.  And  never  have  tested  milk  a  week  old  before  with  the  mi- 
croscope ?  A.  No,  sir. 

Q.  Now  suppose  the  milk  which  you  saw  come  from  the  black 
cow  was  kept  for  a  week  in  varying  temperature,  might  it  not  at  the 
end  of  the  time  present  the  same  phenomena  you  noticed  in  this 
sample  ?  A.  It  could  not  present  as  a  result  of  its  keeping  those 
bodies  we  term  pus  corpuscles. 

Q.  These  corpuscles  which  you  found  in  the  other  fluid  ?  A. 
Yes,  sir. 

Q.  Now  do  you  infer  that  anything  had  been  added  to  this  milk? 
A.  Not  at  all. 

Q.  Now,  Dr.  O'Connor,  what,  as  far  as  you  saw,  was  done  with 
the  milk  from  the  various  cows  at  Mulford's,  including  the  strip- 
pers ?  A.  As  far  as  I  saw  all  the  milk  was  placed  in  a  can,  with  the 
exception  of  the  milk  from  three  cows  which  was  equally  divided, 
or  nearly  so,  in  each  case  between  Mr.  Doremus  and  Dr.  Waller, 
they  taking  about  half  if  I  remember  rightly  ;  I  think  in  each  case 
they  took  all ;  I  am  not  quite  sure. 

Q.  Can  you  tell  whether  that  milk  was  not  sent  to  New  York  ? 

A.  No,  sir  ;  I  cannot  tell  that  it  was  not  sent  to  New  York. 

Q.  Did  you  examine  the  cows  from  which  some  of  this  milk 
came  ?  A.  In  a  cursory  way  by  looking  at  them. 

Q.  Did  you  detect  anything  unhealthy  about  them  externally  ? 
A.  I  saw  nothing  special  externally ;  they  looked  rather  rough,  that 
is  all 


254  TESTIMONY  OF  CHAELES  F.   CHANDLER. 

Q.  Did  you  concur  with  the  gentlemen  present  that  they  were 
healthy  cows  ?  A.  I  might  say  that  a  cow  does  not  look  to  be 
healthy  or  unhealthy,  and  I  would  not  mean  by  that  that  she  was 
healthy. 

Q.  If  a  cow  was  neither  healthy  nor  unhealthy  what  state  was 
she  in  ?  A.  She  might  have  been  in  that  negative  state  ;  I  think  I 
can  consider  such  a  state  as  possible. 

Q.  Will  you  describe  the  appearance  of  a  cow  that  is  neither 
healthy  nor  unhealthy  ?  A.  I  just  said  it  could  not  be  described  by 
appearances. 

Q.  Well,  sir,  what  was  the  size  and  appearance  of  the  cor- 
puscles you  found  in  this  fluid  ?  A.  They  were  about  I  should 
judge,  simply  in  a  rough  sort  of  way,  they  were  larger  than  the 
three-thousandth  part  of  an  inch  ;  I  should  say  about  the  twenty- 
four-hundredth  part  of  an  inch ;  somewhere  along  there  ;  they 
varied  in  size. 

Q.  Well,  sir,  will  you  state  further  what  their  appearance  was  ? 
A.  They  were  under  a  microscope  ;  they  had  been  lying  in  that 
liquid,  and  perhaps  somewhat  enlarged ;  globular  bodies  studded 
with  dark  granules  apparently  on  their  outside ;  under  treatment 
with  acetic  acid,  these  outside  appearances  cleared  up  they  became 
more  transparent,  and  there  were  four  or  five  dark  bodies  in  there 
which  are  termed  nuclei. 

Dr.  CHANDLER,  recalled  by  Mr.  PRENTICE  : 

Q.  Dr.  Chandler,  you  received  a  bottle — 

Mr.  LAWRENCE — I  admit  that  I  gave  Dr.  Chandler  a  portion  of 
the  contents  of  bottle  No.  3,  being  the  same  that  was  so  frequently 
referred  to. 

Q.  Is  that  the  bottle  Dr.  O'Connor  has  been  testifying  about  ? 
A.  It  is. 

Q.  You  gave  it  to  him  ?     A.  I  did  after  testing  it  myself. 

Q.  Tell  us  what  you  found  in  it  ?  A.  In  the  first  place  I  tasted 
of  it ;  having  heard  the  testimony  of  the  witnesses  that  it  was  milk, 
healthy  and  under  normal  conditions,  I  did  not  hesitate  to  taste  it ; 
it  had  a  very  offensive  taste,  and  I  spit  it  out  as  quickly  as  I  could  ; 
that  drew  my  suspicion  to  the  character  of  the  sample  and  I  ex- 
amined it  further  after  sending  Dr.  Waller  and  Dr.  O'Connor  up  to 


TESTIMONY  OF  CHARLES  F.    CHANDLEB.  255 

the  farm  to  find  out  what  was  the  matter  with  the  cows ;  I  found 
out  that  it  had  a  very  strong  alkaline  reaction  which  I  never  before 
saw  in  a  sample  of  genuine  milk,  and  that  it  did  not  lose  this  re- 
action, but  retained  it  as  long  as  it  remained  in  my  possession ;  I 
found  further,  that  on  allowing  it  to  stand  a  scum  formed  upon  it 
which  was  quite  different  from  cream  ;  a  slimy  scum  ;  I  determined 
the  water  in  it,  which  was  91.64  per  cent.;  I  examined  it  under  the 
microscope,  and  it  had  an  appearance  entirely  different  from  that 
of  any  sample  of  milk  that  I  ever  examined  ;  it  had,  besides  the  fat 
globules  which  it  contained,  and  exhibited  under  the  microscope, 
objects  which  I  had  occasionally  seen  in  urine  containing  pus,  and 
not  being  a  medical  man  and  not  specially  familiar  with  morbid 
secretions,  I  turned  the  specimen  over  to  Dr.  O'Connor,  who  was  an 
expert  on  such  subjects,  with  the  request  that  he  examine  these 
unusually  strange  objects  to  ascertain  their  nature. 

Q.  Did  you  test  these  other  samples  that  were  brought  back  on 
December  24th  ?  A.  I  saw  them  tested.- 

Q.  You  have  heard  the  testimony  in  reference  to  them  ?  A.  Yes, 
sir,  I  have  ;  the  only  test  which  I  saw  applied  was  the  test  of  re- 
action with  litmus  paper. 

Q.  For  what?  A.  To  see  whether  they  had  the  usual  reaction 
of  milk  or  exhibited  this  extraordinary  alkaline  reaction. 

Q.  What  was  the  case  ?     A.  They  were  all  very  strongly  alkaline. 

Cross-examined : 

Q.  Do  I  understand  you,  sir,  you  never  found  an  alkaline  re- 
action before  in  sour  milk  ?  A.  I  never  did. 

Q.  Now  sir,  did  you  ever  taste  milk  before  that  was  a  week  old  ? 
A.  I  do  not  think  I  have  because  milk  a  week  old  is  soured  gen- 
erally and  its  appearance  forbids  the  application  of  the  tongue. 

Q.  Would  it  not  be  likely  to  have  a  very  offensive  taste  ?  A. 
Sour  milk  certainly,  but  this  was  not  sour. 

Q.  Now,  suppose  a  sample  of  milk  had  been  kept  a  week  and 
had  been  so  kept  that  it  could  not  get  sour,  what  kind  of  a  taste 
would  it  have  ?  A.  Natural  taste  I  should  say ;  I  never  kept  a 
sample  a  week,  however,  without  getting  sour. 

Q.  That  is  not  anything  more  than  your  opinion,  is  it  ?  A.  That 
is  all. 


256  TESTIMONY  OF  CHARLES  A.  DOEEMUS. 

Q.  "Well,  what  was  the  difference  between  that  and  other  milk 
under  the  microscope  ?  A.  Besides  the  ordinary  fat  globules  it 
contained  those  globules  which  appeared  to  my  limited  knowledge 
of  such  subjects  to  be  pus  globules. 

Q.  Do  you  know  whether  pus  globules  might  not  appear  in  any 
milk  a  week  old  ?  A.  I  have  read  about  pus  ever  since  I  began  to 
study  chemistry  ;  I  always  understood,  though  I  am  not  a  physician, 
that  pus  was  a  morbid  secretion  which  formed  in  sores,  and  if  that 
is  the  case  it  could  not  possibly  be  generated  in  milk,  no  matter  how 
long  you  kept  it. 

Q.  Might  it  not  have  been  contained  in  milk  when  it  came  from 
the  cow?  A.  Yes,  sir. 

Q.  How  soon  would  the  presence  of  pus  in  pure  milk,  I  mean 
milk  as  it  came  from  the  cow,  ordinarily  become  apparent  ?  A.  Any 
time  after  it  came  from  the  cow  when  examined  by  the  micro- 
scope. 

Q.  Do  you  deem  a  microscopic  examination  of  milk  necessary  to 
show  whether  in  its  original  state  it  contained  pus  globules  ?  A. 
It  might  be  desirable  as  one  of  the  many  methods  of  investigating 
milk. 

Mr.  PRENTICE — May  it  please  the  Court,  that  closes  our  case. 

CHARLES  A.  DOREMUS  recalled  by  Mr.  LAWRENCE  : 

Q.  Did  you  receive  a  portion  of  the  contents  of  bottle  No.  3  of 
milk  procured  at  Mulford's  December  18,  being  the  same  bottle  of 
which  a  portion  was  delivered  to  Dr.  Chandler  ?  A.  I  did,  sir. 

Q.  "Was  it  subject  to  chemical  analysis  ?  A.  It  was  to  a  partial 
chemical  analysis,  the  result  of  which  I  have  here,  simply  as  to  the 
constituents  of  water  and  caseine,  not  to  a  microscopical  examina- 
tion. 

By  the  COURT — Q.  You  stated  what  per  cent,  of  water?  A.  I 
did  the  per  cent,  of  water,  caseine  and  sugar. 

By  Mr.  LAWRENCE — Q.  State  the  results  of  the  examination  of 
the  milk  I  refer  to  ?  A.  I  placed  some  milk  on  the  slide  of  the 
microscope  and  examined  it  under  the  microscope  to  see  if  any- 
thing abnormal  might  be  found  ;  this  was  a  sample  from  the  Black 
cow  which  was  kept  in  court. 


TESTIMONY  OF  THOMAS  C.   DOEEMUS,   JR.  257 

Q.  What  was  the  result  ?  A.  Beyond  the  presence  of*  fat  glob- 
ules, which  are  very  easily  recognized  and  a  little  clotted  caseine,  I 
saw  nothing  abnormal ;  I  am  conversant  with  the  appearance  of 
pus  corpuscles  and  looked  for  something  abnormal. 

Q.  You  are  familiar  with  pus  corpuscles  ?  A.  Yes,  sir ;  I  found 
none. 

Q.  How  powerful  was  your  microscope  ?  A.  I  suppose  four  or 
five  hundred  diameters. 

Q.  Did  you  taste  this  milk?  A.  I  do  not  remember  now  wheth- 
er I  did  or  not ;  I  looked  at  it  when  it  was  evaporating  ;  I  noticed 
nothing  about  its  smell. 

Q.  What  else  did  you  observe?  A.  That  has  already  been 
given ;  they  agree  with  Prof.  Chandler's  analysis. 

Q.  Did  you  state  anything  else  that  was  abnormal  ? 

Mr.  PRENTICE — A  juror  asked  that  we  should  take  a  sample  of 
commercial  milk  which  would  stand  not  higher  than  102  and  reduce 
it  in  the  presence  of  the  jury  fifteen  degrees  by  water.  If  the  jury 
desire  that,  we  are  ready  to  do  it. 

THOMAS  C.  DOEEMUS,  JE.,  recalled  by  Mr.  LAWEENCE  : 

Q.  Did  you  taste  the  contents  of  bottle  No.  3  procured  by  you 
on  December  18  ?  A.  I  did,  sir. 

Q.  When?  A.  I  opened  the  bottle  and  took  the  seal  off  here 
in  court  and  gave  Prof.  Chandler  a  sample  of  the  milk ;  at  that 
time  I  tasted  it. 

Q.  Well,  sir,  was  it  sour  ?  A.  It  was  to  my  taste  most  un- 
doubtedly very  sour. 

Q.  That  was  on  the  22d — was  it  not — last  Friday  A.  I  forget 
the  date. 

Q.  I  wish  you  would  taste  if  that  is  the  same  thing  ? 

(Bottle  shown.) 

(Objected  to.) 

Q.  Test  that  milk  with  litmus  paper? 

(Objected  to  ;  objection  sustained.) 

Q.  I  asked  him  if  he  would  take  a  piece  of  litmus  paper  and  put 
it  in  that  sample  of  milk  and  see  whether  it  was  alkaline  or  not. 
The  milk  from  the  Blue  cow  taken  on  the  24th. 


258  TESTIMONY  OF  THOMAS  C.   DOREMUS,   JR. 

(Objected  to,  first,  for  the  reason  that  this  gentleman  is  not  a 
chemist  and  is  not  qualified  as  an  expert  to  make  that  test. 
Whether  that  is  litmus  paper  and  whether  that  is  the  milk  of  the 
Black  cow  of  the  24th  or  not  we  do  not  know.  I  simply  put  this 
witness  on  the  stand  for  the  purpose  of  identifying  what  had  been 
given  to  test ;  it  is  no  matter  of  rebuttal. 
Mr.  PRENTICE — I  withdraw  it* 

Mr.  LAWRENCE — Here  is  some  milk,  it  is  an  unknown  fluid ;  per- 
haps it  may  have  been  adulterated  already,  to  the  extent  of  10  or 
15  per  cent.  While  I  have  not  the  slightest  objection  to  the  experi- 
ment we  shall  want  to  show  to  the  jury  the  effect  of  adding  15  per 
cent,  to  pure  milk. 

THE  COURT — Dr.  Waller  will  proceed  to  make  the  experiment 
with  the  milk. 

Dr.  WALLER — This  milk  is  pretty  cold  ;  it  stands  about  117. 
By  Mr.   LAWRENCE — Q.  At  what  temperature,  Dr.  Waller?     A. 
The  thermometer  stands  a  little  short  of  55  ;  call  it  55 — it  is  a  frac- 
tion short ;  about  116  the  lactometer  stands  now. 

Mr.  PRENTICE — The  jury  desire  that  reduced  to  100  in  the  first 
place. 

Dr.  WALLER — I  will  add  about  one  tenth ;  the  water  is  cold  and  it 
has  reduced  the  temperature. 

By  Mr.  LAWRENCE — Q.  How  much  water  have  you  added  ?  A.  I 
added  what  I  roughly  estimated  was  about  10  per  cent.;  it  stands  at 
105.  The  water  is  a  little  cold,  and  the  thermometer,  when  I 
last  looked  at  it,  was  54. 

By  Mr.  PRENTICE — Q.  What  is  it  now  ?    A.  It  is  54. 
By  the  COURT — How  low  did  it  fall?     A.  It  came  down  to  105. 
By  Mr.  LAWRENCE — Q.  About  how  many  per  cent,  of  water  have 
you  added  ?     A.  About  15  per  cent. 

Q.  Any  more  than  that  ?  A.  I  may  have  added  a  little  more  than 
that,  it  may  be  as  much  as  16  per  cent.  The  thermometer  stands 
at  about  55,  the  milk  stands  at  90. 

By  the  COURT — Q.  What  do  you  mean,  15  per  cent  of  the  whole 
volume  of  milk  ?  A.  Yes,  sir. 

Q.  Not  all  the  water  in  the  milk,  but  all  the  whole  milk  ?  A. 
Yes,  sir. 


TESTIMONY  OF  DR.   o' CONNOR.  259 

DR.  O'CONNOR  recalled  by  Mr.  PRENTICE  : 

Q.  Where  did  you  get  that  milk?  A.  I  got  it  at  Sandford  & 
Woodhull's,  32d  street,  near  Broadway.  It  was  taken  from  a  fresh 
can  which  had  come  down ;  it  had  not  been  opened  on  the  way 
down,  at  least  I  presume  so  ;  the  wires  were  intact ;  I  saw  the  wires 
broken  and  saw  this  milk  taken  out. 

By  Mr.  LAWRENCE — Q.  Do  you  know  this  to  be  pure  milk  ?  A.  I 
have  not  any  doubt  about  it. 

Q.  Dr.  O'Connor,  don't  you  know  the  people  where  you  purchased 
that  milk  are  skimmed  milk  dealers  ?  A.  I  do  not. 


THURSDAY,  December  28,  1876. 

Mr.  LAWRENCE — I  want  to  prove  that  the  milk  which  was  last  tested 
yesterday  afternoon  has  since  been  tried  and  found  to  be  skimmed 
milk.  "We  have  in  Court  the  most  distinguished  microscopist  in 
America  to  prove  that  the  milk  of  December  18  contains  no  pus, 
nor  anything  like  it. 

The  COURT — I  think  the  evidence  must  be  considered  closed. 

Mr.  LAWRENCE — If  we  can  limit  it  only  to  pus,  it  will  take  but  a 
single  moment ;  the  other  side  had  leave  to  open  the  case  yesterday; 
we  have  the  apparatus  here  in  Court,  and  it  is  susceptible  of  proof  in 
an  instant ;  we  want  to  show  that  Dr.  O'Connor  was  grossly  mistaken; 
if  your  Honor  will  not  let  it  in  any  other  way,  I  will  shorten  my 
summing  up ;  I  ask  my  friend  to  admit  that  it  was  skimmed  milk. 

Mr.  PRENTICE — It  was  commercial  milk ;  it  came  from  the  hands 
of  the  milk  dealers,  and  the  milk  dealers  are  defendants  in  this 
case  ;  I  have  the  evidence  before  me. 

The  COURT — I  decline  to  hear  it. 

Mr.  WAEHNER — We  desire  to  renew  the  motion  for  an  acquittal 
upon  the  close  of  the  case  of  the  prosecution  upon  the  same  grounds  as 
then  stated.  The  grounds  upon  which  I  moved  for  an  acquittal  on 
the  close  of  the  case  of  the  prosecution  were  these  :  That  first,  the 
prosecution  had  failed,  or  at  least  so  far  as  the  indictment  was  con- 
cerned it  was  defective,  in  this,  that  it  did  not  allege,  in  the  so-called 


260  MOTION  FOE  ACQUITTAL. 

second  count,  a  further  finding  by  the  Grand  Jury  ;  that  the  second 
count  is  defectively  drawn,  in  this,  that  it  does  not  show  a  further 
or  separate  presentment,  and  that,  therefore,  there  are  two  distinct 
statutory  offenses  substantially  included  in  one  count  of  the  indict- 
ment. You  cannot  charge  two  distinct  offenses  in  one  count.  I 
move,  further,  upon  the  ground  that  there  is  no  allegation 
in  the  indictment  that  the  sanitary  code  therein  referred  to  is  a 
code  of  sanitary  laws  applicable  to  the  city  and  county  of  New 
York ;  that  it  was  ever  adopted  by  the  Board  of  Health,  or  by  any 
Department  of  the  city  government,  or  by  any  proper  authority ; 
that  there  is  no  allegation  that  that  code  was  published  as  required 
by  law ;  or  that  the  ordinance,  or  that  the  ordinances  constituting 
it  were  passed  and  published  in  conformity  with  law ;  or  that  the 
Health  Department  of  the  city  of  New  York,  in  pursuance  of  the 
Act  of  1873,  conformed  any  of  the  ordinances  theretofore  existing  to 
the  Act  of  1873  ;  or  that  the  predecessors  of  this  Board  had  ever 
passed  any  code  or  ordinances  whatever  ;  or  that  that  code  of  ordi- 
nances was  published,  as  required  by  law.  Upon  that  point  I  have 
direct  authority  that  the  indictment  is  defective.  I  stated  that 
upon  the  opening  of  this  case,  and  warned  the  prosecution  at  that 
time.  The  authority  is  in  1  Parker,  page  481,  Reed  vs.  The  People. 

The  COUET — If  you  are  correct,  you  have  the  right  to  make  a 
motion  in  arrest  of  judgment ;  I  have  not  examined  that  question ; 
I  can  see  very  well  that  there  may  be  some  question  about  it ;  it  is  a 
question  of  law ;  I  rather  think  that  the  indictment  is  sufficient. 

Mr.  PEENTICE — There  are  two  answers  to  that.  In  the  first  place, 
it  has  been  held  repeatedly  that  the  Board  of  Health,  as  constituted 
for  this  city,  is  recognized  in  a  different  way  from  the  Act  of  1850. 

Mr.  WAEHNEE — "We  shall  ask  you  to  charge  this  jury,  as  far  as 
the  first  count  in  this  indictment  is  concerned,  they  must  acquit  the 
defendant. 

The  COUET — I  think  it  is  very  plain  that  I  must  do  it ;  but,  Mr. 
Prentice,  I  shall  hear  you  briefly. 

Mr.  PEENTICE  argued  in  opposition  to  the  motion. 

The  COUET — I  shall  think  it  my  duty,  in  view  of  the  evidence  in 
this  case  and  of  the  law  of  the  State  under  which  the  first  count  of 
the  indictment  was  framed,  to  direct  the  jury  that  the  prisoner  is 
entitled  to  an  acquittal  on  the  ground  that  there  is  not  sufficient 


THE  JUDGE'S  CHARGE.  261 

evidence  to  submit  to  them  on  the  question  whether  he  knew  that 
the  milk  was  watered.  That  is  the  first  count.  I  do  not  see  why 
you  are  so  urgent  on  that  point,  because  you  have  got  the  second 
count ;  I  suppose  that  would  be  conceded.  I  should  almost  say  to 
the  jury  that  there  was  no  evidence  that  it  was  milk  he  kept  for 
sale,  that  he  knew  it  was  watered. 

Mr.  WAEHNER — I  desire  to  have  entered  on  the  minutes  the 
motion  for  an  acquittal,  in  addition  to  the  other  grounds  I  have 
stated,  on  the  ground  that  there  is  no  evidence  to  sustain  the  second 
count  of  the  indictment. 

The  COURT — The  motion  is  denied.  You  can  take  your  excep- 
tion. 

Mr.  WAEHNER — Note  an  exception.  I  understand  your  Honor 
grants  so  much  of  my  motion  as  relates  to  the  first  count. 

The  COURT — Yes,  sir. 

Mr.  WAEHNER — And  your  Honor  denies  the  motion  as  to  the 
other  points? 

The  COURT — I  shall  charge  substantially  as  you  requested  me 
on  the  first  count. 

Mr.  LAWRENCE  and  Mr.  PRENTICE  summed  up. 


THE  JUDGE'S  CHAEGE. 

Judge  SUTHERLAND  charged  the  jury  as  follows : 

GENTLEMEN  OF  THE  JURY — By  the  82d  section  of  an  act  of  this 
State,  passed  April  30,  1873,  entitled  "  An  act  to  reorganize  the 
local  government  of  the  city  of  New  York,"  the  82d  section  of  the 
act  provides  as  follows,  after  the  previous  section  had  provided  for 
the  organization  of  the  Board  of  Health,  or  Health  Department : 
"  It  shall  be  the  duty  of  said  Board,  immediately  upon  organization 
under  this  act,  to  cause  to  be  conformed  to  this  article  the  sanitary 
ordinances  then  or  lately  adopted  by  the  existing  Department  of 
Health,  which  shall  be  called  the  sanitary  code,  and  said  Health 
Department  is  hereby  authorized  and  empowered  to  add  to  such 
sanitary  code,  from  time  to  time,  and  shall  publish,  additional 


262  THE  JUDGE'S  CHABGE. 

provisions  for  the  security  of  life  and  health  in  the  city  of  New 
York,  and  therein  to  distribute  appropriate  powers  and  duties  to 
the  members  and  employees  of  the  Board  of  Health,  which  shall  be 
published  in  the  City  Becord.  Any  violation  of  said  code  shall  be 
treated  and  punished  as  a  misdemeanor."  It  has  been  proved  in  a 
satisfactory  manner  by  the  certificate  of  the  Clerk  of  the  Board  of 
Health,  that  on  the  23d  of  February,  1876,  the  Board  of  Health 
adopted  this  ordinance,  which  Ifwill  read  to  you :  "  Section  186. 
No  milk  which  has  been  watered,  adulterated,  reduced,  or  changed 
in  any  respect  by  the  addition  of  water  or  other  substance,  or  by 
the  removal  of  cream,  shall  be  brought  into,  held,  kept,  or  offered 
for  sale  at  any  place  in  the  city  of  New  York,  nor  shall  any  one 
keep,  have,  or  offer  for  sale  in  the  said  city  any  such  milk."  You 
will  notice  that  the  words  of  the  section  of  the  sanitary  code  which 
I  have  read  to  you  are  not  that  no  one  shall  keep  knowingly  for 
sale  milk  which  has  been  watered,  adulterated,  reduced,  or  changed 
by  the  addition  of  water.  The  question  of  the  constitutionality  of 
the  act  to  authorize  the  Board  of  Health  to  pass  ordinances  un- 
known to  the  Legislature,  and  which  were  thereafter  to  be  passed, 
declaring  violations  of  such  unknown  ordinances  to  be  misdemean- 
ors— that  question  has  not  been  raised ;  but,  if  it  had,  I  have 
looked  over  the  opinion  of  Judge  Daniels,  in  another  milk  case,  at 
the  General  Term,  and  I  am  inclined  to  think  that  the  General 
Term  intended  to  pass  upon  that  very  question.  They  held  that 
that  section  of  the  act  of  1873,  a  portion  of  which  I  read  to  you,  was 
constitutional ;  so  I  understand  the  opinion.  It  is  plain,  I  think, 
that  the  word  milk  in  this  ordinance  means  cows'  milk,  and  I  charge 
as  matter  of  law  that  this  is  the  meaning  of  the  word,  so  far  as  I 
have  the  right  to  charge  that  matter  as  matter  of  law.  The  indict- 
ment on  which  the  defendant  is  being  tried  has  two  counts.  The 
first  charges  that  on  the  25th  day  of  August,  1876,  the  defendant 
unlawfully  and  knowingly  exposed  for  sale  at  his  store  in  the  city 
of  New  York  blank  quarts  (the  number  not  being  filled  in  in  the  count, 
but  being  left  blank)  of  impure,  adulterated,  and  unwholesome 
milk,  against  the  form  of  the  statute.  I  think  it  may  be  presumed 
that  that  count  was  drawn  under  the  act  of  the  Legislature  passed 
in  1864  The  second  count  of  the  indictment  charges  that  the 
defendant,  on  the  25th  of  August,  1876,  at  his  store  and  place  of 


THE  JUDGE'S  CHARGE.  263 

business  in  the  city  of  New  York,  being  the  place  where  milk 
was  kept  for  sale,  did  unlawfully  keep,  and  have,  and  offer  for 
sale  ten  quarts  of  milk  which  had  been  and  was  then  and  there 
watered,  reduced  and  changed  by  the  addition  of  water  or  other 
substance,  in  violation  of  the  provisions  of  the  sanitary  code.  In 
view  of  the  wording  of  the  second  count  of  the  indictment  and  in 
view  of  the  provisions  of  the  sanitary  code  which  I  have  read  to 
you,  and  of  the  provisions  of  the  act  of  1873  which  I  have  read  to 
you,  and  of  the  evidence  of  this  case,  I  charge  you  that  if  the  evi- 
dence in  this  case  satisfies  you  beyond  any  reasonable  doubt  that 
the  fluid  which  Assistant  Inspector  White  saw  in  the  milk-can  in 
the  defendant's  store  and  place  of  business  in  the  city  of  New  York, 
on  or  about  the  25th  of  August  last,  and  a  portion  of  which  he 
then  and  there  examined  and  tested  with  the  lactometer,  of  which 
fluid  Dr.  White  testified  that  the  can  appeared  to  be  about  half 
full,  and  of  which  fluid  the  defendant  testified  there  was  25  quarts, 
was  cows'  milk  which  had  been  and  was  then  watered,  adulterated, 
reduced  and  changed  by  the  addition  of  water,  and  that  the  defen- 
dant then  and  there  had  and  kept  such  watered,  adulterated  and 
reduced  and  changed  cow's  milk  for  sale,  you  can  and  ought  to  find 
the  defendant  guilty  of  the  offence  charged  in  the  second  count  of 
the  indictment ;  otherwise  you  ought  to  find  the  defendant  not 
guilty  of  the  offence  charged  in  the  second  count  of  the  indictment. 
Will  the  evidence  in  this  case,  especially  that  of  the  defendant,  of 
his  son,  and  of  Dr.  White,  permit  you  to  doubt  that  the  fluid  in  the 
milk-can  was  either  cows'  milk  which  had  been  watered,  or  cows' 
milk  which  had  not  been  watered,  that  it  was  one  or  other  of  those 
fluids  ?  Dr.  White  testified  to  certain  facts  or  circumstances  from 
which  he  testified  that  he  inferred  or  came  to  the  conclusion  that 
the  fluid  in  the  can  was  milk  to  which  15  per  cent,  of  water  had 
been  added.  One  of  these  facts  or  circumstances  was,  that  upon 
testing  the  fluid  at  the  temperature  of  60,  as  shown  by  a  thermom- 
eter and  by  the  lactometer,  for  the  purpose  of  ascertaining  its 
specific  gravity  and  then  stating  the  result  of  such  test.  I  do  not 
mean  to  detain  you  by  referring  at  all  to  the  evidence  in  detail. 
The  counsel  for  the  prosecution  claims  that  the  fluid  which  Assis- 
tant Inspector  White  examined  by  his  senses  and  tested  with  the 
lactometer  and  thermomster  at  the  defendant's  store  and  place  of 


264  THE  JUDGE'S  CHAKGE. 

business  on  the  25th  of  August  last  was  cow's  milk,  the  weight  of 
which  had  been  so  much  lessened  and  which  had  been  made  so  thin 
and  diluted  by  the  addition  of  additional  water,  that  the  evidence 
in  this  case  should  satisfy  you  beyond  any  reasonable  doubt  that 
the  fluid  which  he  so  examined  and  tested — that  Dr.  White  could 
and  did  ascertain  with  reasonable  certainty  and  beyond  any  rea- 
sonable doubt  that  the  fluid  was  cow's  milk  which  had  been  and 
was  then  watered  by  the  addition  cf  additional  water ;  and  that  the 
evidence  of  Dr.  "White  as  to  the  manner  in  which  he  examined  it 
and  tested  the  fluid,  and  the  evidence  which  may  be  called  the 
scientific  evidence  in  this  case,  should  satisfy  you  beyond  any  rea- 
sonable doubt  that  the  fluid  which  he  so  examined  and  tested  was 
cows'  milk  which  had  been  watered  by  the  addition  not  of  fifteen 
or  ten  per  cent,  of  water,  but  had  been  watered  by  the  addition  of 
water.  The  section  186  of  the  sanitary  code  which  I  read  to  you 
and  under  which  I  presume  the  second  count  of  the  indictment  was 
framed  does  not  in  terms  prohibit  the  keeping  of  milk  for  sale 
below  a  certain  specific  gravity,  but  it  does  prohibit  the  keeping  of 
watered  milk  for  sale.  The  second  count  of  the  indictment  does  not 
allege  that  the  ten  quarts  of  milk  mentioned  in  it  was  milk  which 
had  been  watered  by  any  certain  specific  per  cent,  or  any  specific 
quantity  or  weight  of  water,  but  it  does  allege  that  the  ten  quarts 
of  milk  had  been  watered  and  adulterated  by  the  addition  of  water. 
One  of  the  material  questions  which  you  are  to  determine  in  this 
case  is  whether  the  fluid  inspected  and  tested  on  the  25th  of  August 
was  cow's  milk  which  had  been  watered  ;  not  whether  it  was  cow's 
milk  which  had  been  watered  by  the  addition  of  10  or  15  per  cent, 
of  water,  or  of  any  particular  per  cent,  of  water,  though  the  result 
of  the  test  by  the  lactometer  and  thermometer  as  testified  to  by 
Dr.  White,  if  you  credit  it,  may  be  very  material  in  determining 
the  question  whether  the  milk  was  or  was  not  cow's  milk  which 
had  been  watered  by  the  addition  of  water.  There  is  no  direct 
evidence  in  this  case  that  the  fluid  which  Dr.  White  examined  on 
the  25th  of  August  and  tested,  had  been  watered  or  had  water 
added  to  it ;  by  this  remark  I  mean  that  no  witness  has  testified  that 
he  saw  or  heard  water  poured  into  that  milk.  But  it  is  claimed 
on  the  part  of  the  prosecution  that  if  you  credit  Dr.  White's 
evidence,  relating  to  his  inspection  and  test  of  the  fluid  from  which 


THE  JUDGE'S  CHARGE.  265 

it  seems  lie  came  to  the  conclusion  that  it  was  cows'  milk  which 
had  been  watered  by  the  addition  of  15  per  cent,  of  added  water, 
that  from  such  circumstances,  in  view  of  the  scientific  evidence 
in  this  case,  that  you  ought  to  be  satisfied  beyond  any  reason- 
able doubt  that  the  fluid  was  cows'  milk  which  had  been  watered 
by  the  addition  of  additional  water.  Public  officers  in  the 
execution  of  a  public  duty  are  entitled  to  the  presumption  as 
a  presumption  of  law  that  they  act  in  good  faith  and  from 
proper  motives,  in  the  absence  of  any  evidence  tending  to  show 
otherwise;  there  is  no  direct  evidence  that  the  fluid  which  Dr. 
White  inspected  and  tested  was  skimmed  milk,  and  I  think  I  may 
say  that  there  is  no  evidence  direct  or  circumstantial  tending  to 
show  that  that  fluid  was  chemically  and  skillfully  compounded  by  a 
skillful  chemist;  there  is  no  evidence  that  the  fluid  was  neither 
cows'  milk  which  had  been  watered  nor  cows'  milk  which  had  not 
been  watered  ;  after  the  remarks  I  have  made  here  during  the  trial 
it  is  hardly  necessary  to  say  to  you  that  as  to  the  second  count  of 
the  indictment — and  hence  I  have  been  particular  in  stating  what 
that  count  charges  and  what  the  sanitary  code  is — that  it  was  un- 
necessary for  the  prosecution  on  the  part  of  the  people  to  show  that 
the  defendant  knew  if  this  fluid  was  cows'  milk  that  had  been 
watered  that  he  knew  it  had  been  watered  ;  I  suggest  to  you  whether 
you  are  not  satisfied  from  the  evidence  in  this  case,  this  volume  of 
scientific  evidence,  and  I  may  say  some  evidence  statistical,  that 
the  ordinance  which  should  require  the  Board  of  Health  to  prove 
affirmatively  that  the  milk  was  watered,  and  to  what  amount, 
amounted  to  but  little.  How  could  they  prove  it  under  ordinary  cir- 
cumstances ?  Now,  gentlemen,  the  general  question,  of  course,  is 
under  the  second  count  of  the  indictment,  and  I  will  say  a  word 
about  the  other  count  in  a  moment — the  general  question  for  you  to 
determine  is  did  the  prisoner  commit  or  did  he  not  commit  the 
offense  charged  in  that  indictment  ?  I  say  but  little  about  the  evi- 
dence, having  seen  with  what  attention  you  have  listened  to  it,  and 
presuming  that  you  can,  with  precisely  as  much  intelligence  as  I 
could,  apply  the  evidence  in  this  case,  both  scientific  and  the  other 
testimony,  to  the  questions  involved  in  the  determination  of  this 
general  question  of  guilty  or  not  guilty  on  the  charge  of  the  second 
count.  I  believe  there  is  hardly  a  man  on  the  jury  that  does  not 


266  THE  JUDGE'S  CHARGE.    . 

recollect  the  evidence  better  than  I  do,  because  I  have  had  other 
things  to  think  of.  Now,  I  submit  the  case  to  you  with  these  re- 
marks. I  am  tempted  to  extend  them,  to  make  other  remarks,  and 
perhaps  only  tempted  because  I  thought  it  might  be  my  duty  to  do 
so.  I  submit  it  to  you  with  full  confidence  that  you  see  the  import- 
ance of  the  questions  which  may  be  involved  in  the  determination 
of  the  issue  formed  by  the  defendant's  plea  of  not  guilty  to  the 
second  count  of  the  indictment.  That  is  all  I  have  to  say  to  you, 
gentlemen,  except  so  far  as  I  am  called  upon  to  say  something  in 
pursuance  of  the  requests  which  are  handed  up  by  the  prisoner's 
counsel,  and  other  requests  he  is  going  to  ask  me  to  charge.  Now, 
the  first  is  to  acquit  upon  the  first  count  in  the  indictment  that 
there  is  no  evidence  that  the  defendant  had  knowledge  of  the  adul- 
teration. You  will  find  him  not  guilty  of  the  offense  charged  in  the 
first  count  of  the  indictment,  so  that  the  question  you  will  determine 
is  confined  exclusively  to  the  second  count  in  the  indictment.  The 
counsel  requested  me  to  charge,  "First — That  to  convict  the  defend- 
ant the  jury  must  first  be  satisfied  beyond  all  doubt  that  the  defend- 
ant did  at  the  time  and  place  charged  in  the  indictment,  hold,  have, 
or  offer  for  sale  milk  which  had  been  watered,  adulterated,  reduced, 
or  changed  in  some  respect."  Well,  I  will  charge  that,  gentlemen, 
"  all  doubt,"  I  suppose  means  reasonable  doubt.  "  Second — That 
unless  the  evidence  of  the  prosecution  has  generated  a  full  belief 
of  the  matters  charged  in  the  indictment  to  have  been  committed  by 
the  defendant  they  must  acquit  him."  Yes,  I  will  charge  that,  gen- 
tlemen. "  Third — That  unless  the  jury  have  a  full  belief  from  the 
evidence  of  Dr.  White  that  the  fluid  he  tested  at  the  place  alleged 
in  the  indictment  was  first,  milk,  and,  second,  that  it  was  adulterated 
by  water,  they  must  acquit  the  defendant."  That  I  will  charge, 
gentlemen,  it  is  substantially  what  I  charged  I  think.  "  Fourth — 
That  unless  the  jury  are  satisfied  beyond  any  reasonable  doubt  that 
at  the  time  of  testing  the  fluid  found  at  the  defendant's  place  of 
business,  he  [Dr.  White]  was  qualified,  by  the  evidence  of  his  senses 
and  the  test  with  the  lactometer  and  thermometer,  to  determine  that 
said  fluid  was  milk  adulterated  with  water,  they  must  acquit  the 
defendant."  I  will  charge  that  because  I  suppose  he  had  as  good 
eyes  and  as  acute  smell  and  taste  :  we  have  got  to  assume  that,  I  sup- 
pose. "  Fifth — That  unless  you  are  satisfied  that  the  method  adopted 


THE  JUDGE'S  CHABGE.  267 

by  Dr.  White,  by  which  he  reached  the  conclusion  that  the  article 
found  at  the  defendant's  place  of  business  was  adulterated  milk  is 
accurate  to  determine  whether  it  was  adulterated  milk,  and  gen- 
erates a  full  belief  in  your  minds  that  the  same  was  adulterated 
milk,  you  must  acquit."  I  will  charge  that,  gentlemen.  "  Sixth — 
That  neither  a  mere  preponderance  of  evidence  nor  any  weight  of 
preponderant  evidence  is  sufficient  for  the  purpose  of  conviction  in 
this  case  unless  it  generates  a  full  belief  of  the  guilt  of  the  defend- 
ant to  the  exclusion  of  all  reasonable  doubt."  That  I  will  charge, 
gentlemen  ;  I  think  I  have  substantially  charged  it. 

Mr.  WAEHNER — I  request  you  to  charge  in  addition  to  this  that 
the  statement  of  the  counsel  for  the  prosecution  to  the  effect  that 
four  hundred  thousand  quarts  of  milk  are  daily  brought  to  New 
York,  and  to  that  is  daily  added  one  hundred  thousand  quarts  of 
water  is  not  evidence,  and  should  have  no  weight  with  the  jury ; 
it  has  not  been  proved. 

The  COURT — Gentlemen,  I  charge  you,  that  your  verdict  in  this 
case  should  be  from  the  evidence,  and  the  law  as  laid  down  by  the 
Court.  You  cannot  look,  and  ought  not  to  look  to  any  statement 
by  either  counsel  outside  of  the  evidence  in  the  case. 

Mr.  WAEHNER — Furthermore,  right  in  that  connection,  I  ask  you 
to  say  to  the  jury  that  the  statements  of  counsel  with  reference  to 
the  trial  or  the  result  of  other  cases  is  not  evidence,  and  should  be 
disregarded.  It  falls  under  the  same  ruling. 

The  COURT — It  certainly  does. 

Mr.  WAEHNER — I  desire  to  submit  a  very  important  proposition  to 
your  Honor,  and  refer  you  to  an  authority.  "  That  if  the  tests  made 
by  the  prosecution  in  this  case  upon  the  question  whether  the  fluid 
found  at  defendant's  place  of  business  was  adulterated  milk  furnish- 
ed only  questionable  evidence  of  adulteration,  it  should  not  be 
regarded  by  the  jury  as  sufficient  to  warrant  a  verdict  of  guilty  ;  and 
if  the  jury  find  that  analysis  would  remove  the  doubt  and  be  neces- 
sary for  the  purpose  of  removing  the  doubt,  it  (analysis)  should  have 
been  made  and  proven." 

The  COURT — I  decline  to  do  that ;  take  an  exception. 

Mr.  WAEHNER — I  except  to  your  Honor's  refusal  to  charge  that 
proposition ;  I  ask  your  Honor  to  charge  that  the  testimony  given 


268  VEEDICT. 

on  this  trial  establishes   that  analysis  can  be   made  and  would  be 

the  surest  test. 

The  COUKT — I  decline  to  charge  that ;  take  your  exception. 

COUNSEL — Note  an  exception. 

A  JUROR — Have  they  a  right  to  put  ice  in  the  milk   to  transport 

it  that  season  of  the  year,  August  ? 

The  COURT — I  have   read   you   the  law ;  if  the   ice  waters   the 

milk- 
Mr.  WAEHNER — The  statute  gives  permission  to  do  so ;  they  have 

a  right  to  put  ice  in  the  milk. 
Mr.  PRENTICE — No,  sir. 

The  jury  retired,  and  after  an  absence  of  45  minutes,  returned  with 
the  following  verdict :  Guilty  of  the  offense  as  charged  in  the  second 
count  of  the  indictment,  and  not  guilty  of  the  offense  charged  in  the 
first  count  oi  the  indictment. 

Mr.  WAEHNER — We  ask  your  Honor  to  defer  sentence  in  this 
matter  to  give  us  an  opportunity  to  argue  a  motion  in  arrest  of 
judgment. 

The  COURT — You  may  state  any  grounds  you  choose  to  have  on 
the  record. 

Mr.  WAEHNER — We  move  an  arrest  of  judgment  upon  the  ground 
that  the  indictment  is  defective  in  this :  First.  That  it  is  defective 
in  joining  substantially  in  one  count  two  distinct  offenses  ;  that  the 
second  paragraph  of  the  indictment,  designated  as  the  second  count, 
is  defective  in  not  alleging  and  stating  a  further  and  separate  pre- 
sentment by  the  Grand  Jury  of  a  distinct  offence.  Secondly.  Upon 
the  ground  that  the  indictment  fails  to  state  that  the  sanitary  code 
therein  referred  to  is  a  code  applicable  to  and  governing  the  city  of 
New  York  ;  that  that  code  was  confirmed  as  required  by  the  act  of 
1873,  the  charter  of  1873,  section  82,  by  the  new  Board  of  Health 
coming  in  office  under  that  act,  and  that  the  original  code  of  ordin- 
ances are  not  alleged  to  have  been  published  as  required  by  law, 
the  act  of  1866,  and  all  the  acts  amendatory  of  it,  the  act  of  1867, 
and  that  it  does  not  appear  upon  the  face  of  the  indictment  that 
the  ordinance  proven,  namely,  section  186,  was  adopted  by  the 
Board  of  Health  of  the  Health  Department  of  the  city  of  New 


SENTENCE.  269 

York;  that  it  was  ever  published  as  required  by  law,  and  that,  so 
far  as  the  indictment  is  concerned  and  the  proof  given  thereunder, 
there  are  two  ordinances  bearing  upon  this  question ;  one  is  section 
45  of  the  sanitary  code,  and  the  other  section  186.  I  think  that 
is  all  the  grounds  I  desire  entered  on  the  record  ;  also  upon  the 
ground  I  should  say  this — and  that  presented  another  question  of 
law — that  the  Board  of  Health  of  the  Health  Department  of  the 
city  of  New  York  have  no  power  to  pass  either  ordinances  section 
45  or  section  186,  they  being  in  conflict  with  the  act  of  1864. 

The  COUKT — That  is  not  a  ground  in  moving  an  arrest  of  judg- 
ment, because  it  does  not  appear  on  the  face  of  the  indictment ;  no 
matter ;  you  have  got  it  on  the  record. 

Mr.  WAEHNEB — Your  Honor  denies  my  motion  and  note  an  ex- 
ception. 

The  COUET — Yes,  sir. 

The  defendant  was  asked  the  usual  questions  before  sentence 
was  passed. 

Mr.  WAEHNEB — As  far  as  punishment  is  concerned,  there  is 
nothing  vindictive  about  this. 

The  COUBT — I  do  not  think  it  can  be  said  there  is  any  evidence 
that  you  knew  that  the  milk  that  you  are  charged  with  keeping  as 
watered  milk  was  watered,  but  in  view  of  the  very  great  importance 
of  the  questions  which  have  been  discussed  on  this  trial,  which  I 
may  say  was  involved  in  the  question  whether  you  should  be  con- 
victed or  not,  I  think,  I  ought  to  pass  a  sentence  which  would 
satisfy  you  and  your  friends  that  it  is  best  not  to  come  here  to  be 
tried.  I  never  have  tried  a  more  important  question  in  the  view  I 
take  of  it  than  the  question  of  your  guilt.  It  would  seem  at  first, 
however,  it  was  rather  a  harsh  law  that  you  should  be  convicted  of 
keeping  watered  milk  when  you  did  not  know  it  was  watered,  but 
I  can  see  plainly  that  unless  that  law  can  be  enforced  I  do  not  see 
how  the  Board  of  Health  is  going  to  protect  the  public  against 
watered  milk.  The  idea,  considering  the  quantity  of  milk  that 
comes  to  this  city,  that  they  must  resort  to  analysis  and  have  a 
skillful  chemist  to  analyze  the  milk  would  be  very  impracticable  it 
appears  to  me.  There  are  any  number  of  acts  of  Parliament  where 
the  British  subject  is  absolutely  prohibited  from  keeping  a  certain 
article,  and  in  a  case  which  I  read  it  was  very  learnedly  discussed 


270  SENTENCE. 

whether,  without  any  proof  of  guilty  knowledge,  that  could  be  an 
offense,  because  the  common  law  doctrine  is,  that  there  must  be  an 
intention  to  do  wrong,  to  commit  a  crime,  but  the  Court  there  came 
td  the  conclusion  that  the  question  was  simply  whether  parliament 
prohibited.  I  think  the  question  is  here  whether  the  Legislature 
authorized  the  Board  of  Health  .to  prohibit  the  keeping  of  milk  for 
sale  when  it  was  watered.  Now,  certainly,  although  this  trial  has 
been  very  tedious  to  me  and  has  been  a  great  tax  on  me  and  on  the 
jury,  I  have  not  any  feeling  against  you.  I  suspect  you  are  as 
honest  a  man  as  there  may  be  in  your  line  of  life  ;  that  is  my  own 
opinion.  The  sentence  of  the  Court  is  that  you  be  confined  in  the 
City  Prison  for  the  term  of  ten  days,  and  that  you  pay  a  fine  of  two 
hundred  and  fifty  dollars,  and  that  you  be  confined  from  and  after 
the  expiration  of  the  ten  days,  for  a  further  term,  until  the  fine  shall 
be  paid,  not  exceeding  two  hundred  and  fifty  days. 

Mr.  WAEHNER — I  suppose  there  is  no  objection  to  bail  being 
taken  after  sentence  by  the  Court.  We  are  satisfied  there  are 
proper  questions  for  review,  and  we  ask  you  now  to  take  bail. 

The  Court  refused  to  take  bail. 


PAPERS  ON  APPEAL. 


SUPEEME   COUET. 


DANIEL   SCHEUMPF, 

Plff.  in  Error, 

vs. 
THE  PEOPLE,  &c. 


It  is  hereby  consented  that  the  above  entitled  cause  be  heard  at 
General  Term  of  the  Supreme  Court  upon  the  Judgment  Eecord 
only,  and  the  making  of  the  Bill  of  Exceptions  and  the  service  and 
printing  thereof,  so  far  as  it  relates  to  all  matters,  except  such  as 
constitute  the  Eecord,  are  hereby  waived. 
Dated  February  14,  1878. 

LA  WHENCE  &  WAEHNER,  W.  P.  PKENTICE, 

Attys.  for  Plff.  in  Error.          Atty.  H.  Dept.,  for  Dist.  Atty. 

The  People  of  the  State  of  New  York,  by  the  Grace  of  God  free  and 
independent. — To  the  Court  of  General  Sessions  of  the  Peace 
in  and  for  the  County  of  New  York,  Greeting : 

Because  in  the  record  and  proceedings,  and  also  in  the  giving  of 
judgment  upon  a  certain  indictment  which  was  in  our  said  court 
before  you  against  Daniel  Schrumpf,  for  keeping  and  having  for  sale 
adulterated  milk,  manifest  error  hath  intervened,  as  is  said,  to  the 
great  damage  of  said  Daniel  Schrumpf,  as  he  complains,  and  we 
being  willing  that  the  error,  if  any,  shall  be  corrected,  and  full  and 
speedy  justice  be  done  to  him,  on  that  behalf  do  command  you  that 
if  judgment  be  thereupon  given,  then  without  delay  you  distinctly 


272  PAPERS  ON  APPEAL. 

and  openly  send,  under  your  seal,  the  record  and  proceedings  and 
judgment  aforesaid,  with  all  things  touching  or  concerning  the  same 
in  any  wise,  to  our  Justices  of  our  Supreme  Court,  at  a  General 
Term  thereof  (First  Judicial  Department),  to  be  held  at  the  new 
Court-House  in  the  City  of  New  York,  on  the  first  Monday  of  Jan- 
uary next,  together  with  this  writ ;  that  the  record  judgment  and 
bill  of  exceptions  aforesaid  being  inspected  we  may  cause  to  be 
done  thereupon  for  correcting  that  error  what  of  right  ought  to  be 
done. 

Witness:  Hon.  NOAH  DAVIS,  one  of  the  Justices  of  the  Supreme 
Court,  at  the  new  Court-House,  in  the  City  of  New 
York,  the  29th  day  of  December,  1876. 

By  the  Court, 

[L.  S.]  WM.  WALSH,  Clerk. 

LAWBENCE  &  WAEHNEB, 

Of  Counsel  for  Plaintiff  in  Error. 

[Endorsed.] 
SUPEEME  COUBT. 


DANIEL  SCHRUMPF, 

Plff.  in  Error, 

against 
THE  PEOPLE,  &c. 


I  hereby  allow  the  within  writ  of  error,  and  I  do  hereby  direct 
and  order  that  the  writ  of  error  is  to  operate  as  a  stay  of  proceed- 
ings on  the  judgment  upon  which  this  writ  of  error  is  brought. 

Dated  the  29th  day  of  December,  1876. 

NOAH  DAVIS, 
Justice  of  the  Supreme  Court  of  the 

State  of  New  York. 
Filed  the  30th  day  of  December,  1876. 


PAPERS  ON  APPEAL.  273 

New  York,  Dec.  29,  1876. — Having  appeared  for  the  prosecution 
upon  application  to  me  therefore,  I  waive  service  of  notice  of  appli- 
cation for  the  within  writ  of  error  and  stay  of  proceedings. 

W.  P.  PRENTICE, 
Counsel  for  the  Board  of  Health. 


The  Answer  of  the  Judges  of  the  Court  of  General  Sessions  of  the 
Peace,  held  in  and  for  the  City  and  County  of  New  York. 

A  transcript  of  the  Indictment  and  Judgment  of  the  Court,  to- 
gether with  all  things  touching  or  in  anywise  concerning  the 
same. 

We  certify,  under  the  seal  of  our  said  Court,  to  the  Justices  of 
the  Supreme  Court  within  mentioned,  in  a  certain  Schedule  to  this 
writ  annexed,  as  within  it  is  commanded. 

By  the  Court. 
[L.  S.]  JOHN  SPARKS,  Clerk. 


State  of  New  York,  ) 

City  and  County  of  New  York,    J  8 

Be  it  remembered,  that  at  a  Court  of  General  Sessions  of  the 
Peace,  holden  at  the  City  Hall,  of  the  City  of  New  York,  in  and  for 
the  City  and  County  of  New  York,  on  the  first  Monday  of  November, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy- 
six,  before  John  K  Hackett,  Esquire,  Eecorder  of  the  said  City  of 
New  York,  Justice  of  the  said  Court,  assigned  to  keep  the  peace  of 
the  said  City  and  County  of  New  York,  and  to  inquire,  by  the  oaths 
of  good  and  lawful  men  of  the  said  County,  of  all  crimes  and  mis- 
demeanors committed  or  triable  in  the  said  County,  to  hear,  deter- 
mine, and  punish  according  to  law,  all  crimes  and  misdemeanors  in 
the  said  City  and  County,  done  and  committed. 

By  the  oath  of  Oliver  K.  King,  foreman,  George  C.  Magoun, 
John  P.  Worstell,  William  H.  Knoepfel,  William  H.  Bradford,  Her- 
man H.  Camman,. Joseph  D.  T.  Hersey,  John  H.  Draper,  Robert 
G.  Cornell,  John  S.  Kennedy,  William  J.  Clark,  Birdsell  Cornell, 


274  PAPERS  ON  APPEAL. 

Cornelius  V.  Cross,  James  B.  Brady,  Charles  Moreau,  George  C. 
Fisher,  Lazarus  Kosenfeld,  Saul  J.  Levy,  Edward  A.  Newell,  Giles 
White,  Charles  Partridge.  John  G.  Gottsberger,  Charles  H.  Mount, 

It  was  then  and  there  presented  as  follows  :  that  is  to  say, 

City  and  County  of  New  York,  ss. 

The  Jurors  of  the  People  of  the  State  of  New  York,  in  and  for  the 
body  of  the  City  and  County  of  New  York,  upon  their  oath, 
present : 

First  Count. — That  Daniel  Schrumpf,  late  of  the  Seventeenth 
ward  of  the  City  of  New  York,  in  the  County  of  New  York  aforesaid, 
on  the  twenty-fifth  day  of  August,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  seventy- six,  at  the  Ward,  City  and 
County  aforesaid,  unlawfully  and  knowingly  did  expose  for  sale  at 
the  store  of  him,  the  said  Daniel  Schrumpf,  then  and  there  situate, 

quarts   of    impure,   adulterated  and    unwholesome    milk, 

against  the  form  of  the  statute  in  such  case  made  and  provided, 
and  against  the  peace  of  the  people  of  the  State  of  New  York  and 
their  dignity. 

Second  Count. — That  Daniel  Schrumpf,  late  of  the  Seventeenth 
Ward  of  the  City  of  New  York  aforesaid,  on  the  —  day  of  August, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy- 
six,  at  the  Ward,  City  and  County  aforesaid,  at  the  store 
and  place  of  business  of  the  said  Daniel  Schrumpf,  being 
premises  known  as  Number  two  hundred  and  six  Avenue  B, 
in  the  Ward,  City  and  County  aforesaid,  and  the  said  premises  being 
then  and  there  a  place  where  milk  was  kept  for  sale,  unlawfully  did 
then  and  there  keep,  have,  and  offer  for  sale  ten  quarts  of  impure 
and  unwholesome  milk,  which  had  been,  and  was,  then  and  there, 
watered,  adulterated,  reduced,  and  changed  by  the  addition  of  water 
or  other  substance,  and  that  such  impure,  unwholesome,  watered, 
adulterated,  reduced,  and  changed  milk  was  then  and  there,  by  the 
said  Daniel  Schrumpf,  unlawfully  held,  kept,  and  offered  for 
sale  against  and  in  violation  of  the  provisions  of  the  Sanitary  Code, 
and  of  such  Sanitary  Code  then  and  there,  and  at  all  times  there- 
after, in  force  and  operation,  and  against  the  form  of  the  statute  in 


PAPERS  ON  APPEAL.  275 

such  case  made  and  provided,  and  against  the  peace  of  the  People 
of  the  State  of  New  York  and  their  dignity. 

And  the  said  Daniel  Schrumpf  afterwards,  to  wit,  on  the  first  day 
of  December,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  seventy-six,  at  the  place  last  mentioned,  before  the  said  Justice 
above  named,  came  in  his  own  proper  person,  and  being  brought  to 
the  bar  here  in  his  own  proper  person,  and  arraigned  upon  the  said 
indictment,  and  having  heard  the  said  indictment  read,  and  being 
asked  whether  he  demanded  a  trial  upon  the  said  indictment, 
answers  that  he  does  require  a  trial  thereon,  and  says  that  he  is  not 
guilty  thereof ;  and  thereupon  for  good  and  ill  is  put  upon  the 
county. 

And  Benjamin  K  Phelps,  Esquire,  District  Attorney  for  the  City 
and  County  of  New  York,  who  prosecutes  for  the  People  of  the  said 
State  of  New  York,  in  their  behalf  doth  the  like. 

And  afterwards,  to  wit,  at  a  Court  of  General  Sessions  of  the 
Peace  held  in  and  for  the  said  City  and  County  of  New  York,  at 
the  City  Hall  of  the  said  city,  on  the  twenty-eighth  day  of  Decem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sev- 
enty-six, before  Josiah  Sutherland,  Esquire,  City  Judge  of  the  City 
of  New  York,  and  Justice  of  said  Court,  comes  the  said  Daniel 
Schrumpf  and  the  said  Benjamin  K.  Phelps,  Esquire,  District  At- 
torney, likewise  comes.  Therefore  let  a  Jury  thereupon  immedi- 
ately come  before  the  Justice  last  above  mentioned,  of  free  and  law- 
ful men  of  the  said  city  and  county,  each  of  whom  hath,  etc.,  by 
whom  the  truth  of  the  matter  may  be  better  known,  and  who  are 
not  of  kin  to  the  said  Daniel  Schrumpf,  to  recognize  upon  their  oath 
whether  the  said  Daniel  Schrumpf  be  guilty  of  the  misdemeanor  in 
the  indictment  aforesaid,  above  specified,  or  not  guilty. 

And  the  Jurors  of  the  said  Jury,  by  William  C.  Conner,  Esquire, 
Sheriff  of  the  City  and  County  of  New  York,  for  this  purpose  em- 
panneled,  and  returned,  to  wit : 

John  Murphy,  John  A.  King,  Jr.,  John  Carey,  Jr.,  James  McDer- 
mott,  John  P.  Winthrop,  Isidor  Busch,  Thomas  C.  Lyon,  George  S. 
Lester,  Adam  Brautigam,  Emil  Mayer,  John  Haug,  Henry  Morrison, 
who,  being  called,  come  ;  and  who  being  then  and  there  elected,  tried, 
and  sworn  well  and  truly  to  try  and  true  deliverance  make  between 
the  People  of  the  State  of  New  York  and  the  said  Daniel  Schrumpf, 


276  JUDGMENT  CONFIBMED. 

then  at  the  bar,  whom  they  should  have  in  charge  upon  the  said 
indictment,  and  a  true  verdict  give  according  to  evidence,  who,  upon 
their  oath  aforesaid,  say  that  the  said  Daniel  Schrumpf  is  guilty  of 
the  misdemeanor  charged  in  the ,  second  count  of  the  indictment 
aforesaid,  above  alleged  against  him. 

And  afterwards,  at  the  same  session  of  the  said  Court,  the  said 
Daniel  Schrumpf  came  in  his  own  proper  person  here  before  the 
Justice  last  above  named,  and  moved  that  judgment  upon  the  ver- 
dict aforesaid  be  arrested,  and  thereupon  the  Court  overruled  and 
denied  the  same. 

And  upon  this  it  is  demanded  of  the  said  Daniel  Schrumpf, 
whether  he  hath  or  knoweth  anything  to  say  wherefore  said  Justice 
here  ought  not,  upon  the  premises  and  verdict  aforesaid,  to  proceed 
to  judgment  against  him,  who  nothing  further  saith,  unless  as  before 
lie  has  said.  Whereupon  all  and  singular  the  premises  being  seen, 
and  by  the  same  Justice  here  fully  understood,  it  is  considered, 
ordered,  and  adjudged  by  the  said  Justice  that  the  said  Daniel 
Schrumpf,  for  the  misdemeanor  aforesaid,  be  imprisoned  in  the  city 
prison  of  the  City  of  New  York  for  the  term  of  ten  days,  and  pay  a 
fine  of  two  hundred  and  fifty  dollars,  and  to  stand  committed  until 
said  fine  be  paid. 

BENJ.  K  PHELPS, 

District  Attorney. 

Judgment  signed  this  6th  ) 
day  of  March,  1877.       [ 

JOSH.  SUTHERLAND, 

City  Judge. 


[Judgment  affirmed  by  the  General  Term  of  the  Supreme  Court, 
First  Department,  April  Term,  1878.  See  14  Hun  E.  (S.  C.  E.,  21), 
p.  10.] 


APPENDIX. 


I. — THE    LACTOMETER. 

1.  The  lactometer  is  a  hydrometer  which  indicates  specific  gravi- 
ties between  1.000,  the  gravity  of  water,  and  1.0348. 

2.  It  is  used  to  determine  the  specific  gravity 
of  the  milk. 

3.  As  the  specific  gravity  varies  with  the 
temperature,  the  observations  are  made  at  a 
standard  temperature  of  60°  Fahr. 

4.  The  specific  gravity  of  the  average  milk 
at  a  milking  of  a  healthy  cow,  properly  fed  and 
in  a  normal  condition,  varies  from  1.029  to 
1.0348.     The  former  number  being  the  lowest 
or  minimum  gravity,  100°  is  placed  at  this 
point  on  the  lactometer ;  0°  is  placed  at  1.000, 
the  gravity  of  water ;  the  intervening  space  is 
divided  into  100°,  and  the  graduations  are  con- 
tinued to  120°,  which  corresponds  to  the  speci- 
fic gravity  1.0348. 

5.  To  apply  the  lactometer,  the  temperature 
of  the  milk  is  first  noted  with  the  aid  of  the 
thermometer ;  the  lactometer  is  then  carefully 
inserted,  taking   pains  to   avoid   wetting  the 
portion  of  the  stem  above  the  milk,  and  to  free 
the  surface  of  the  milk  from  foam.    The  degree 
to  which  the  instrument  sinks  is  then  noted. 
Bearing  in  mind  the  effect  of  temperature  on 
the  gravity,  the  inspector  now  decides  whether 
the  gravity  will  probably  be  below  100°  at  60° 
Fahr.    If  he  thinks  it  will,  he  carefully  cools  or 
warms  a  sample  of  the  milk,  as  the  case  may 
require,  to  60°  Fahr.,  and  again  inserts  the  lac- 
tometer.     If  it  stands  below  100°,  the  gravity 

is  below  that  of  any  genuine  milk.  He  carefully  notices  the  con- 
sistence to  determine  whether  he  has  before  him  a  sample  of  thin 
watered  milk  or  a  sample  of  thick  cream.  The  black  background  of 


278  THE  LACTOMETER. 

the  shot  in  the  lower  bulb  enables  the  inspector,  as  the  milk  runs 
off  the  lactometer,  to  judge  of  its  consistence.  The  color  is  also 
noted,  as  well  as  the  odor  and  taste.  Low  specific  gravity  (below 
100°  =  1.029),  together  with  abnormal  watery  consistence,  and  a 
watery  taste,  establish  the  fact  of  adulteration  by  water,  which  is 
the  most  common  form  of  adulteration,  because  the  simplest  and 
most  convenient. 

If  the  specific  gravity  be  above  100°,  it  does  not  follow  that  the 
milk  is  pure  and  unadulterated.  Skimming,  by  removing  the  lighter 
cream,  increases  the  gravity  of  the  milk ;  so  skimmed  milk  is  heavy ; 
but  it  appears  at  the  same  time  very  thin,  and  the  inspector's  atten- 
tion will  be  at  once  arrested  by  the  inconsistency  of  high  gravity 
and  a  watery  character.  In  this,  as  in  other  cases  where  the  inspec- 
tor suspects  adulteration  of  any  kind  which  cannot  be  proved  by  the 
above-mentioned  tests  of  gravity,  consistence,  color,  and  taste,  he  is 
instructed  to  take  a  sample  for  further  examination  by  the  cream 
test,  chemical  analysis,  and  the  microscope. 


THE  LACTOMETER. 


279 


Value  of  Lactometer  Degrees  in  Specific  Gravity. 


LACTOMBTEK. 

GRAVITY. 

LACTOMETER. 

GRAVITY. 

0 

1.00000 

61 

1.01769 

1 

1.00029 

62 

1.01798 

2 

1.00058 

63 

1  01827 

3 

1.00087 

64 

1.01856 

4 

1.00116 

65 

1.01885 

5 

1.00145 

66 

1.01914 

6 

1.00174 

67 

1.01943 

7 

1.00203 

68 

1.01972 

8 

1.00232 

69 

1.02001 

9 

1.00261 

70 

1.02030 

10 

1.00290 

71 

1.02059 

11 

1.00319 

72 

1.02088 

12 

1.00348 

73 

1.02117 

13 

1.00377 

74 

1.02146 

14 

1.00406 

75 

1.02175 

15 

1.00435 

76 

1.02204 

16 

1.00464 

77 

1.02233 

17 

1.00493 

78 

1.02262 

18 

1.00522 

79 

1.02291 

19 

1.00551 

80 

1.02320 

20 

1.00580 

81 

1.02349 

21 

1.00609 

82 

1  .02378 

22 

1.00638 

83 

1.02407 

23 

1.00667 

84 

1.02436 

24 

1.00696 

85 

1.02465 

25 

1.00725 

86 

1.02494 

26 

1.00754 

87 

1.02523 

27 

1.00783 

88 

1.02552 

28 

1.00812 

89 

1.02581 

29 

1.00841 

90 

1.02610 

30 

1.00870 

91 

1.02639 

31 

1.00899 

92 

1.02668 

32 

1.00928 

93 

1.02697 

33 

1.00957 

94 

1.02726 

34 

1.00986 

95 

1.02755 

35 

1.01015 

96 

1.02784 

36 

1.01044 

97 

1.02813 

37 

1.01073 

98 

1.02842 

38 

1.01102 

99 

1.02871 

39 

1.01131 

100 

1.02900 

40 

1.01160 

101 

1.02929 

41 

1.01189 

102 

1.02958 

42 

1.01218 

103 

1.02987 

43 

1.01247 

104 

1.03016 

44 

1.01276 

105 

1.03045 

45 

1.01305 

106 

1.03074 

46 

1.01334 

107 

1.03163 

47 

1.01363 

108 

1.03132 

48 

1.01392 

109 

1.03161 

49 

1.01421 

110 

1.03190 

50 

1.01450 

111 

1.03219 

51 

1.01479 

112 

1.03248 

52 

1.01508 

113 

1.03277 

53 

1.01537 

114 

1  .03306 

54 

1.01566 

115 

1.03335 

55 

1.01595 

116 

1.03364 

56 

1.01624 

117 

1.03393 

57 

1.01653 

118 

1.03422 

58 

1.01682 

119 

1.03451 

59 

1.01711 

120 

1.03480 

60 

1.01740 

280 


REPORT  OF  DRS.  WALLER  AND  0  CONNOR 


H.   REPORT  OF  DOCTORS  WALLER  AND  O'CONNOR  ON  THE  COWS  OF 

THE  MULFORD  FARM. 

NOTE. — Samples  of  low  gravity  milk  from  this  farm  were  intro- 
duced by  the  defence  to  prove  that  genuine,  unadulterated  milk, 
from  healthy,  well-fed  cows  sometimes  shows  a  specific  gravity 
below  1.029  (100°  on  the  lactometer),  the  standard  used  by  the 
Board  of  Health,  and  others,  as  the  minimum  gravity  of  pure  milk. 

W.  DE  F.  DAY,  M.  D.,  Sanitary  Superintendent. 

SIR: — "We  have  the  honor  to  report  that,  at  the  request  of  the 
President  of  the  Board  of  Health,  we  visited  the  farm  of  Mr. 
Charles  Mulford,  in  the  neighborhood  of  Guymard,  Orange  Co., 
N.  Y.,  about  80  miles  from  New  York.  We  reached  there  on  the 
afternoon  of  Saturday,  December  23, 1876,  and  were  present  at  the 
evening's  milking. 

His  herd  consists  of  some  22  cows,  of  which  but  four  were  at  that 
time  regular  milkers  ;  eight  were  "  strippers,"  or  cows  that  were 
nearly  dried  up,  and  the  rest  were  dry.  Only  the  regular  milkers 
were  milked  that  evening. 


Evening  milking — "  milkers  ;"  milked  twice  a  day. 


Cow. 

Age. 

Time  since 
last  calf. 

Amount 
yielded. 

Test  by 
Lactometer. 

Temperature 
Fahr. 

"Charley"  

12  years 

3  weeks 

31   ats. 

105 

59° 

"Blue"      

7      " 

2      " 

4        " 

104 

61° 

"  Bed  Heifer  "  

5      " 

5      " 

2 

100 

61° 

"Gypsy"  

7      " 

4      " 

4 

102 

59f° 

Total  

13  \£  qts. 

The  cow  Charley  was  stated  to  be  half  Ayrshire  ;  all  the  others 
were  of  the  common  breed. 

That  evening,  after  all  had  retired,  Mr.  T.  C.  Doremus  and  his 
friend,  Mr.  Boot,  arrived,  and  the  next  morning  ( Dec.  24th)  the  cows 
were  milked  in  our  presence,  and  the  milk  tested  with  the  lacto- 


ON  THE  COWS  OF  THE  MULFOBD  FARM. 


281 


meter,  both  by  the  above-named  gentlemen  and  by  ourselves.    The 
results  were  as  follows  : 


Morning  milking — "  milkers ;  "  milked  twice  daily. 


Cow. 

Amount  yielded. 

Lactometer. 

Temperature  F. 

"  Charley"  

6  ats 

108 

60° 

"Blue"  

6q 

112 

604-° 

"Red  Heifer"                

4 

104 

60° 

"  Gypsy  ".  . 

5 

107 

60° 

Total  

21  qts 

"  Strippers  ;"  milked  but  once  daily. 


Cow. 

Amount  yielded. 

Lactometer. 

Temperature  P. 

'  Andrew  "  

4.  Dint 

104 

59° 

'  Fanny  "  

93 

59° 

'Mooly"  

1 

99 

60° 

'Ryder"  

3 

103 

60° 

*  Yellow"  

3 

102 

604;° 

'Spot"  

1 

108 

60° 

•Star"  

14-    ** 

104 

501° 

'  Black"  

it    " 

78 

60° 

Total  

124  pints. 

With  the  exception  of  the  Black  cow,  all  of  the  strippers  were 
with  calf  and  were  expected  to  be  delivered  in  about  2  or  2^  months. 
The  Black  cow  had  never  yielded  much  milk  since  her  calf  was  taken 
from  her,  and  was  to  be  fatted  and  killed  for  beef.  Her  milk  looked 
very  thin  and  watery,  and  was  full  of  stringy  curds  which  clogged 
the  strainer.  Indeed  the  product  from  all  the  strippers  was  not 
true  milk,  and  was  in  no  way  suitable  for  domestic  use.  The  pro- 
duct from  the  pregnant  cows  was  essentially  colostrum. 

The  total  yield  of  the  four  regular  milkers  for  the  evening  and 
morning  together,  was  34J  quarts,  an  average  of  8|  quarts  per  day 
from  each  cow,  which  is  considered  a  fair  average  yield  for  the 
winter  season. 


REPORT  OF  DBS.  WALLER  AND  0  CONNOR 


The  total  yield  from  the  eight  strippers  was  12|  pints,  or  an 
average  of  1^  pints  per  day. 

The  food  of  the  cows,  so  far  as  we  saw,  was  oat-straw  only. 

Mr.  Mulford  stated  that  after  that  morning  he  should  not  again 
milk  the  strippers  Fanny,  Star,  Andrew,  Mooly,  Spot,  or  Black, 
until  after  calving. 

Samples  of  the  milk  from  Fanny,  Mooly,  and  the  Black  cow,  all 
whose  milk  stood  below  100  on  the  lactometer,  were  taken,  and,  on 
reaching  New  York,  they  were  submitted  to  examination.  The 
results  were  as  follows  : 


Examination  of  the  low  gravity  Milk  (?)from  Strippers. 


Fanny. 

Mooly. 

Black   Cow. 

Reaction     

Strongly  alkaline 

Strongly  alkaline. 

Strongly    alkaline. 

93° 

99° 

78° 

1.02697 

1.02871 

1.02262 

Cream  (?)  

11.50  per  cent. 

No  distinct  layer. 

10.50  per  cent. 

Water.. 

86.97         4 

86.66  per  cent. 

91.52        " 

Fat  

4.65         * 

3.45 

1.78 

5.14        * 

7.58        " 

4.39 

Sugar                ... 

240         l 

1.03        " 

1.42        " 

Salts  

0.84         ' 

1.28 

0.89 

Milk  from  Mooly  yielded  no  well-defined  layer  of  cream.  Milk  (?) 
from  the  Black  cow  yielded  10.5  per  cent,  by  volume  of  scum — 
curdy  matter  mixed  with  fat  globules.  It  also  deposited  a  sedi- 
ment. Respectfully  submitted, 

ELWYN  WALLER,  Ph.  D. 
J.  T.  O'CONNOR,  Mo  D. 

NEW  YORK,  Jan.  12,  1877. 

NOTE — The  sample  of  milk  (?)  from  the  "  Black  cow "  on  the 
"  Mulford  Farm,"  produced  in  court  as  "  pure  milk,"  "  standing  at 
78°  on  the  lactometer,"  by  Mr.  T.  C.  Doremus,  before  the  visit  of 
Doctors  Waller  and  O'Connor,  was  examined  by  Prof.  Chandler  and 
Dr.  O'Connor,  who  found  it  after  standing  a  week  to  exhibit  a  strong 
alkaline  reaction,  (which  it  has  not  yet  lost  after  three  weeks'  stand- 
ing up  to  the  time  this  note  was  written),  to  deposit  a  considerable 


ON  THE  COWS  OP  THE  MULFOBD  FARM.  283 

sediment,  and  to  possess  a  disagreeable  taste.    Analysis  showed  it 
to  contain  : 


Water 90.64 

Fat 2.64 

Caseine,    ) 

Albumen,  >• 6.04 

Sugar,       ) 

Salts..  0.68 


100. 


The  microscope  showed  the  sediment  to  contain  pus  corpuscles. 
This  is  an  abnormal  fluid,  which  cannot  properly  be  called  milk. 


AEGUMENT  OF  THE  COUNSELLOR  THE 
PROSECUTION. 


Closing  argument  of  W.  P.  PRENTICE,  Esq.,  in  the  case  of  the  PEOPLE  vs. 
SCHRUMPF.  tried  upon  an  indictment  for  the  adulteration  of  milk,  in 
the  Court  of  General  Sessions  in  New  York,  December  28,  1876,  Judge 
SUTHERLAND  presiding. 

May  it  please  the  Court  and  gentlemen  of  the  jury :  When 
we  come,  at  this  stage  of  the  proceedings,  to  take  np  the  points 
of  interest  and  discussion,  which  have  detained  you  so  long,  the 
first  feeling  that  I  have  in  my  mind  is  one  somewhat  of  com- 
miseration for  you,  that  you  have  suffered  so  much,  though  I  be- 
lieve it  to  be  in  a  good  cause,  and  then,  again,  of  admiration  for 
your  patience,  that  you  have  so  pleasantly  indulged  the  learned 
gentlemen  who  represent  the  defence,  in  all  their  efforts  to  bring 
before  you  the  requisite  facts  to  determine  this,  which  for  them 
and  their  trade  shall  be  the  decisive  case,  as  they  have  promised. 
Now  I  confess  that  I  have  entered  upon  the  discussion  with  less 

NOTE. — The  indictment  against  the  prisoner,  Daniel  Schrumpf,  was  of  two 
counts.  The  first  count  charged  him  with  knowledge,  u  knowingly  offering 
and  having  for  sale,'1  etc.,  etc.  The  second  count  was  drawn  under  the  ordi- 
nance quoted  in  the  argument. 

About  thirty  other  milk  dealers,  under  like  indictments,  most  of  them  mem- 
bers of  "  The  Milk  Dealers'  Association,"  were  brought  to  trial  at  the  Decem- 
ber term  of  the  court,  1876,  and  this  case  was  selected  as  the  first  to  be  tried. 
It  was  on  trial  from  December  18  to  December  28,  1876,  adjournment  being 
had  over  Saturday  and  Christmas  day — Dec.  23  and  25 — and  in  this  interval  the 
examination  of  the  Mulford  herd  of  cows  was  made  by  Doctors  Waller  and 
O'Connor,  who  testified,  on  the  27th,  to  the  facts  set  out  in  the  report  in 
the  appendix. 

The  prisoner  was  found  guilty 


advantages  than  those  which  you  have  been  assured  of  in  the 
learned  gentlemen  who  represent  the  "  distinguished  defendant," 
as  the  prisoner  has  been  generally  called.  I  confess  that  to  un- 
derstand the  language  with  which  your  ears  have  grown  familiar, 
I  have  had  to  take  recourse  to  the  dictionary.  Yesterday,  you 
will  observe,  it  was  necessary  to  seek  a  translation  of  the  word 
glutinous,  which  was  termed  viscosity.  Last  night  I  looked  up 
the  term  viscosity,  and  found  that  it  means  glutinousness.  I 
also,  pursuing  the  same  studies  and  considering  the  subject 
which  has  interested  you  for  these  ten  days,  have  found  it  a 
long-  road  now  coming  to  its  turn,  indeed  a  milky  way,  and 
I  sought  Loomis'  Astronomy  to  find  that  a  milky  way  is  a 
galaxy.  This  definition  may  properly  refer  to  the  scientific 
stars  whom  you  have  heard  and  who  have  made  so  distinguished 
an  appearance.  Prof.  Loomis,  speaking  of  the  "  Milky  Way," 
says :  "  To  the  naked  eye  it  presents  merely  a  diffused  milky 
light,  stronger  in  some  parts  than  in  others."  Gentlemen,  I 
shall  endeavor  to  show  you  where  the  strong  parts  lie.  Now  it 
has  been  a  matter  of  interest  to  me,  in  the  discussion  which  we 
have  had  this  morning,  to  discover  what  the  issue,  what  the  case 
was  which  the  learned  counsel  for  the  defendant  was  propos- 
ing. Is  it  the  Board  of  Health  that  is  on  trial  ?  Is  the  ques- 
tion that  of  skimmed  milk,  or  is  the  question  that  of  the  suc- 
cess of  the  distinguished  family  of  the  learned  professor  on  the 
side  of  the  defence  in  seeking  for  "  samples  of  pure,  healthy 
cow's  milk  "  which  he  can  compel  the  witnesses  for  the  prosecu- 
tion to  taste  ?  You  know  whether  it  is  or  not.  I  think  not.  We 
proceed  under  this  ordinance :  "  No  milk  which  has  been 
watered,  adulterated,  reduced,  or  changed  in  any  respect  by  the 
addition  of  water  or  other  substance,  or  by  the  removal  of  cream, 
shall  be  brought  into,  held,  kept,  or  offered  for  sale  at  any  place 
in  the  City  of  New  York,  nor  shall  any  one  keep,  have,  or  offer 
for  sale  in  said  city  any  such  milk."  Now  the  learned  counsel 
in  closing  for  the  defence  said  that  the  Court  had  settled  the 
question  that  there  was  no  moral  guilt  in  this  case,  that  the  de- 
fendant was  morally  innocent.  I  ask  you,  gentlemen,  to  wait 
until  you  receive  the  charge  of  the  Court,  for,  unless  I  am 


3 

greatly  mistaken,  the  Court  will  say  to  you  that  it  has  simply 
dismissed  one  count  of  the  indictment;  that  there  are  two 
counts,  and  they  embrace  the  same  offence,  but  as  to  the  moral 
guilt  or  innocence  of  the  defendant,  this  will  be  for  you  to  de- 
termine. 

The  Court. — -The  Legislature  had  constitutional  power  to  au- 
thorize the  Board  of  Health  to  pass  the  ordinance  which  I  read 
to  the  jury,  and  to  declare  a  violation  of  it  a  misdemeanor. 
There  is  no  question  of  morality  in  the  case;  that  question  has 
long  been  settled  in  similar  cases  brought  under  acts  of  Parlia- 
ment. 

Mr.  PRENTICE. — It  seems  to  me,  in  deciding  whether  or  not  the 
prisoner  has  been  guilty,  you  will  have  settled  a  question  of 
great  importance.  Remember,  gentlemen,  that  you  sit  in  this 
place  representing  the  community  in  which  you  live.  You  are 
the  people.  You  are  those  for  whom  these  ordinances  were 
made,  and  the  public  officers  in  this  case  are  but  your  representa- 
tives and  your  servants.  It  will  remain  to  be  found  and  decided 
whether  you  shall  approve  of  the  action  that  has  been  taken  for 
the  best  interests  of  the  people  of  New  York,  or  whether  you 
shall  accept  the  result  that  is  proposed  to  you  by  the  defence, 
whether  you  will  sweep  away  all  safeguards,  take  away  all  lim- 
its, and  leave  the  clients  of  these  gentlemen,  whether  you  will 
leave  this  class  in  the  community  to  pursue  a  trade,  whose  in- 
juries are  well  known,  without  any  restriction  by  law  or  in 
courts  of  justice.  Now  the  vastness  of  this  question  may  excuse 
to  you  the  length  of  the  trial  and  the  delay  in  bringing  it  to  a 
conclusion.  It  appears  that  the  daily  milk  supply  of  New  York 
embraces  a  hundred  and  fifty  thousand  quarts  by  the  Erie  rail- 
road, thirty-six  thousand  quarts  by  the  Midland  railroad. 

MR.  LAWRENCE. — This  is  not  evidence. 

MR.  PRENTICE. — It  is  an  official  document. 

The  Court. — Strictly  speaking  that  is  not  in  evidence. 

MR.  PRENTICE. — Gentlemen  of  the  jury,  in  my  opinion,  which 
I  believe  is  founded  upon  sufficiently  accurate  facts,  there  is 
brought  into  the  city  of  New  York  about  400,000  quarts  of  milk 
a  day,  and  to  that  quantity  at  least  100,000  quarts  of  water  are 


added,  making  the  daily  supply  of  the  so-called  commercial 
milk  of  this  city  as  it  is  sold  here.  I  ask  yon  to  remember  the 
fact  at  the  outset,  that  we  have  had  the  evidence  of  Mr.  Dough- 
ty, a  milk  dealer,  about  the  standard  of  commercial  milk  in  this 
city,  and  it  is  corroborated  by  the  evidence  on  the  other  side,  or 
is  at  least  without  any  conflict  of  evidence,  and  is  confirmed 
by  the  evidence  of  our  inspectors.  Mr.  Doughty  tells  you  that 
the  standard  of  commercial  milk  in  this  city  is  above  the  stand- 
ard of  the  Board  of  Health,  that  it  does  not  come  down  to  100 
on  the  lactometer.  Therefore  we  may  safely  assume  that 
the  milk  offered  for  sale  in  the  city  of  New  York — the  com- 
mercial milk — is  above  the  standard  of  the  Board  of  Health, 
above  100.  That  evidence  is  uncontradicted,  and  you  cannot  go 
any  further  than  the  evidence.  Now  the  importance  of  this 
adulteration,  or  of  an  adulteration  which  shall  be  carried,  as  in 
this  case,  fifteen  degrees  below,  it  is  hardly  necessary  to  dwell 
upon.  I  read  from  Beck's  work  on  Adulterations,  he  says  :  u  It 
is  not  without  reason,  therefore,  that  the  great  mortality  among 
children  in  Paris  is  ascribed  chiefly  to  the  bad  quality  of  the 
milk  with  which  such  a  large  number  are  constantly  fed."  I 
read  from  Dr.  Voelcker,  who  is  regarded  as  undisputed  authori- 
ty in  this  case:  "  Milk  may  be  regarded  as  a  kind  of  model  food. 
It  supplies  all  the  various  elements  of  nutrition  which  are 
required  to  build  up  the  bony  frame  and  muscular  tissue  of 
the  young,  and,  at  the  same  time,  supplies  materials  for  support- 
ing respiration  arid  'keeping  up  the  animal  heat  of  the  body. 
Undiluted  with  water,  milk  is  both  a  readily  digestible  and  val- 
uable, if  not  indispensable,  article  of  food  for  children.  Breed- 
ers of  high  priced  short-horns  know  full  well  how  essential  it  is 
to  the  early  development  of  a  sound  and  strong  frame,  round 
which  the  flesh  and  fat  may  be  afterwards  deposited  in  sym- 
metrical forms,  not  to  stint  the  calf  in  milk  ;  and  it  is  to  be 
feared  that  the  children  of  the  artisan  and  the  poor  in  towns, 
arid  of  the  agricultural  laborer  in  the  country,  are  not  nearly  so 
well  supplied  with  milk — both  as  regards  quantity  and  quality 
— as  the  progeny  of  the  well-cared-for  herd  of  short  horns,  or 
Ayrshire  or  Devon  cows.  If  it  be  remembered  that  the  bodily 


health  of  the  adult  is  affected  in  no  small  degree  by  the  amount 
and  quality  of  the  food  with  which  the  infant,  from  the  time  of 
its  birth  and  throughout  the  period  of  childhood,  is  fed,  and 
also  that  much  physical  suffering  might  be  prevented  if  chil- 
dren were  not  stinted  in  a  milk  diet,  it  is  doubly  desirable  that 
the  scanty  allowance  of  milk  in  which  the  children  of  the  poor 
are  generally  indulged  should  be  unadulterated,  and  of  the  best 
quality  that  can  be  procured.  We  hail,  therefore,  with  pleas- 
ure, the  enforcement  of  the  food  adulteration  act.  for  there  can 
be  no  question  that  before  the  act  came  into  practical  operation, 
the  milk  sold  alike  to  the  rich  and  poor  in  London  and  other 
large  towns,  was  watered  much  more  generally,  and  to  a  greater 
extent,  than  it  is  at  present,  in  places  where  public  analysists 
keep  a  watch  over  the  milk-men."  It  is  a  matter  of  public 
record  of  which  the  court  and  you  will  take  cognizance  that  the 
Board  of  Health  in  this  city  began  its  operations  in  1867.  It 
found  at  that  time  the  death  rate  in  this  city,  of  children  under 
five  years  of  age,  to  be  fifty-three  per  cent,  of  the  whole  num- 
ber of  deaths.  Now  I  will  not  stop  to  consider  the  general  de- 
crease which  has  been  marked,  year  by  year,  in  the  rate  of  the 
mortality  in  this  city,  but  I  will  show  you  this  one  fact,  that  in 
1875  the  death  rate  of  children  under  five  years  of  age,  to 
whom  of  most  importance  is  this  question  of  the  purity  of  milk, 
their  principal  food,  the  rate  of  mortality  had  decreased  to  48J 
per  cent.  This  means,  upon  the  whole  mortality,  gentlemen, 
saving  the  lives  of  three  thousand  children  per  year.  That 
decrease  in  the  rate  of  mortality  is  owing,  more  than  anything 
else,  to  the  safe-guards  that  have  been  thrown  about  them  in 
various  ways,  and  especially  their  protection  in  the  purity  of 
their  food.  Now,  statistics  of  writers  go  further  upon  this  sub- 
ject, and  they  say  that  for  every  death  you  may  rate  twenty- 
eight  cases  of  serious  illness',  flow  vast  becomes  the  calcula- 
tion— the  consideration  of  influences  which  are  here  before  you, 
which,  if  these  learned  gentlemen  are  correct,  you  are  to  decide 
for,  or  against,  for  or  against  a  standard,  a  means  of  protection 
and  a  safe-guard  ;  for  or  against  the  limit  of  adulteration  with- 
out concern,  for  the  profits  of  this  distinguished  defendant,  or 


6 

the  liberty  which  he  claims,  about  which  his  counsel  has  been  so 
anxious.  The  liberty  of  what  ?  The  liberty  of  pursuing  a  dis- 
honest trade,  the  liberty  of  evil  doing.  I  tell  you,  gentlemen, 
that  your  verdict  in  this  case  will  establish  or  condemn  the  re- 
strictions upon  that  liberty,  for  whose  establishment  and  regula- 
tion our  government  is  constituted  ;  it  is  a  liberty  conformable 
to  law. 

Now  the  history  of  the  litigation  in  milk  cases  is  important. 
You  have  had  constantly  presented  to  you  the  first  trial  of  such 
a  case,  when  these  same  learned  counsel  and  these  same  scientific 
gentlemen  arrayed  for  the  defence  appeared.  The  prosecution, 
as  represented  in  this  case,  did  not  have  at  that  time  the  oppor- 
tunity to  make  the  same  defence  as  in  subsequent  cases.  They 
did  not  then  show  that  they  had  arrived  at  the  test  which  is  pro- 
duced for  your  judgment  in  this  case.  They  had  to  wait  until 
this  case  was  tried,  until  the  instructions  of  more  than  a  year  had 
been  had,  in  the  learned  talk,  in  the  learned  lectures  of  how  milk 
may  be  adulterated  to  escape  the  lactometer,  and  in  the  frequent 
defences  instituted  in  prosecutions  by  the  Board  of  Health,  by 
these  learned  gentlemen,  until  the  inspections  of  milk  had  been 
tried  by  the  experience  gained  in  these  contests.  These  public 
officers  who  now  prosecute,  come  before  you  to  say  we  have  now 
arrived,  by  our  experience,  by  this  very  instruction  from  the 
milkmen's  counsel,  by  the  very  instruction  received  from  Dr. 
Doremus,  at  a  test  which  will  stand  scrutiny,  and  we  submit  it 
to  you.  Now,  gentlemen,  what  is  this  test  ?  In  the  first  place 
every  witness  that  has  been  before  you,  has  agreed  that  a  man 
may  know  milk  ;  he  will  be  able  to  test  milk  and  be  an  expert  in 
milk  inspection.  You  know  there  are  experts  of  great  skill  in 
many  trades  and  in  many  commodities.  In  the  case  of  testing 
milk,  a  man  who  has  experience  will  mark  defects  in  it  that  will 
pass  your  eyes  and  mine.  You  are  able  to  judge  whether  these 
inspectors  have  experience  in  judging  milk.  The  witness  for  the 
defence,  Dr.  Yaughan,  could  distinguish  the  quality  of  milk 
because,  as  he  says,  he  is  "  accustomed  to  handling  it."  Could 
Drs.  White  and  O'Connor  not  test  it?  But  it  will  be  said  by 
the  defence,  we  presented  a  bottle  containing  a  fluid  which  they 


did  not  dare  to  say  was  milk.  You,  gentlemen,  have  now  ar- 
rived at  a  point  where  you,  too,  will  say  it  was  not  milk.  There 
is  this  thing  for  which  they  searched  the  whole  country  around 
New  York,  and  could  find  no  place  from  which  it  could  be  de- 
rived, except  the  famous  farm  of  Muiford,  distinguished  in  the 
researches  of  the  Doremus  family.  This  article  they  proposed 
as  a  standard  by  which,  shall  be  regulated  the  milk  trade  of  New 
York,  and  you  will  pronounce  it,  gentlemen,  I  am  convinced,  no 
milk  ;  that  it  is  not  for  a  standard,  and  my  impression  is,  that 
such  a  sample  of  their  evidence  will  characterize  their  whole 
case.  If  that  is  their  standard,  if  that  is  their  evidence  of  milk 
which  they  say  is  from  a. fair,  healthy  cow,  "a  fair  sample  of  the 
average  milk  mixed  and  taken  to  New  York,"  I  trust,  gentlemen, 
you  will  leave  that  sample  and  that  trade  to  the  gentlemen  for 
the  defence,  give  it  to  "the  distinguished  defendant,"  nourish  him 
on  it  in  the  seclusion  to  which  I  hope  he  will  be  devoted,  and  let 
us  see  if  he,  and  his  friends  and  associates,  will  not  wish  for  a 
better  milk,  as  they  should  wish  for  a  better  and  more  honest 
trade.  Gentlemen,  your  \7erdict  will  touch  such  considerations  as 
these.  After  the  first  case  was  tried,  we  came  to  another,  where 
many  experts  were  examined  whose  testimony  you  have  heard 
here  on  this  trial,  but  there  was  no  defence  except  by  the  cross- 
examination  of  this  learned  gentleman. 

ME.  LAWRENCE. — I  was  not  present ;  you  are  mistaken. 

MR.  PRENTICE. — Your  associate,  Mr.  "Waehner,  was  present ; 
I  speak  of  the  Joechter  case  ;  there  was  no  appeal  in  that  case. 
Then  we  came  to  the  Cox  case.  In  that  case  there  was  an 
appeal,  and  Cox  illustrated  by  his  labors  in  the  penitentiary  the 
dangers  and  difficulties  attending  a  dishonest  trade  in  the  City 
of  New  York.  Now  we  have  finally  come  to  this  case,  and  they 
propose,  after  a  year  or  two  of  litigation,  that  this  shall  be  the  test 
case.  The  issue  here,  as  I  stated  before,  is  whether,  the  defendant 
had  for  sale  watered  milk.  I  shall  not  spend  time  in  discussing 
whether  there  was  an  error  of  one,  two,  or  three  degrees  on  any 
of  the  lactometers,  or  in  any  of  the  tests.  This  man  watered  his 
milk  fifteen  degrees.  Take  the  lowest  standard  offered  by  the 
gentlemen  of  the  defense  of  milk.  I  do  not  call  the  sample 


8 

from  the  "Hack  cow"  I  do  not  call  the  sample  with  which  it 
was  associated,  from  the  "  bob-tailed  cow"  samples  of  milk.  Mr. 
Charles  Doremus  told  you  here  that  these  two  samples  were 
similar  and  alike  in  their  constituents.  I  call  these  no  samples, 
except  for  them ;  but,  even  if  you  propose  to  admit  them,  put 
them  in  with  all  the  milk,  as  they  wish  them  put  into  the  milk 
supply  of  New  York.  Remember  this  "  rule  of  three  "  which 
belongs  to  their  model  herd.  It  takes  eight  cows  of  theirs  to 
make  twelve  pints  of  milk.  Now,  put  their  milk  into  a  can 
of  mixed  milk  of  forty  quarts,  the  can  of  the  commercial 
milk  that  comes  to  this  city,  take  these  two  samples  in  such 
a  can  of  milk,  determine  then  its  average,  and  see  whether 
there  is  a  possibility  that  this  defendant,  taking  all  averages 
and  including  all  errors,  had  any  milk  except  watered  milk. 
Now  one  word  as  to  this  distinguished  gentleman,  the  prisoner 
at  the  bar.  He  has  come  before  you  chivalrously,  and  glorified 
by  the  distinction  of  representing  and  defending  what  some 
would  appear  to  call  a  good  act,  the  watering  of  milk.  He  has 
said  to  you  that  his  milk  had  been  inspected  before.  He  knew 
the  test  when  the  inspector  came  to  his  shop,  and  he  read  the 
lactometer ;  he  even  discussed  with  the  inspector  whether  the 
proper  degree  on  the  lactometer  was  85  or  90.  He  said  it  was 
90,  so  that  he  knew  the  test.  Now  he  comes  to  the  stand  and 
says,  "  I  did  not  do  it ;  my  son  did  not  do  it ;  "  but,  mark  it, 
gentlemen,  the  defendant  does  not  say  he  did  not  know  that 
milk  was  watered,  for  he  did  know  that  it  was  watered  ;  there  is 
not  a  milkman  in  this  city  who  would  not  have  known  that  that 
milk  was  watered.  I  do  not  believe  a  discussion  from  books,  a 
discussion  of  opinions,  or  any  discussion  on  the  lactometer,  or 
the  hydrometer,  or  the  other  ometers  with  tediously  long  names 
of  which  we  have  heard,  will  withdraw  from  your  observation 
the  fact  that  this  man,  by  all  the  evidence  in  this  case,  is  showrn 
to  have  had  for  sale  watered  milk,  and  to  have  known  it.  But 
I  do  not  care  whether  he  knew  it  or  not;  the  question  is,  did  he 
violate  the  law?  He  has  been  in  this  business  seventeen  years. 
I  am  not  discussing  his  moral  innocence  ;  there  is  no  question 
of  that  kind  in  this  case.  There  is  no  pretense  in  this  case  that 


9 

the  milk  lie  was  offering  for  sale  was  "  adulterated"  with  cream. 
Their  witness,  Dr.  Vaughan,  said  that,  to  show  a  different  rate 
on  the  lactometer  by  the  addition  of  cream,  we  would  have  to 
put  in  an  immense  amount,  and  then  it  would  show  "  viscosity." 
There  is  no  question  of  viscosity  in  this  case  ;  it  is  a  question — 
whether  the  milk  was  watered  or  not.  It  has  been  shown  that 
the  milk  found  in  the  defendant's  place  looked  blue,  it  ran  off 
the  glass,  and  the  inspector  tasted  it ;  so  that,  without  even 
testing  it  with  the  lactometer,  he  could  have  said  that  it  was 
watered  milk.  It  was,  as  the  learned  professor  who  has  distin- 
guished himself  for  the  defense,  upon  whom  they  place  their 
whole  reliance,  has  said,  and  you  will  remember  the  graphic 
style  with  which  his  evidence  was  given — it  was  "  rich  in  water." 
This  is  a  sample  as  he  said  which  ike  Court  will  observe  was 
"  rich  in  water"  It  occurred  to  me  this  morning,  as  I  was 
taking  my  milk,  that  I  had  read  of  another  sample  of  milk  that 
was  "  rich  in  water."  Without  detaining  you  any  length  of  time, 
I  will  refer  to  the  incident  told  by  Charles  Dickens  in  present- 
ing to  the  people  of  England  the  enormities  of  the  so-called  farm- 
ing-schools and  boarding-schools,  where  step-sons  and  orphans 
were  put  away  in  the  country  at  Dotheboy's  Hall,  ruled  over  by 
Mr.  Squeers,  who  exercised  there  a  most  vicious  tyranny.  Mr. 
Dickens,  by  this  graphic  story  of  Nicholas  Nickleby,  which 
burned  its  moral  into  the  heart  of  the  English  people,  produced 
a  great  reform — such  a  reform  as  I  trust,  in  some  measure,  will 
follow  your  verdict  in  this  case.  In  the  story,  Mr.  Squeers 
goes  to  London  to  get  pupils.  Mr.  Nickleby  meets  them  at  an 
inn.  Mr.  Squeers  calls  for  breakfast  for  the  boys,  while  he  is 
having  meat  and  coffee. 

"  This  is  two  penny'orth  of  milk  is  it,  waiter  ? "  said  Mr. 
Squeers,  looking  in  the  large  blue  mug,  and  slanting  it  gently, 
so  as  to  get  an  accurate  view  of  the  quantity  of  liquid  contained 
in  it. 

"  This  is  two  penny'orth,  sir,"  replied  the  waiter. 

"  What  a  rare  article  milk  is  to  be  sure,  in  London,"  said  Mr. 
Squeers  with  a  sigh.  "  Just  fill  that  mug  up  with  hike-warm 
water,  William,  will  you  ?" 


10 

."To  the  werry  top,  sir?"  inquired  the  waiter.  "Why  the 
milk  will  be  drounded." 

"Never  you  mind  that,"  replied  Mr.  Squeers.  "  Serve  it  right 
for  being  so  dear.  You  ordered  that  thick  bread  and  butter  for 
three,  did  you?" 

"  Coming  directly,  Sir." 

"  You  needn't  hurry  yourself,"  said  Squeers;  "there's  plenty 
of  time.  Conquer  your  passions,  boys,  and  don't  be  eager  after 
vittles."  As  he  uttered  this  moral  precept,  Mr.  Squeers  took  a 
large  bite  out  of  the  cold  beef,  and  recognized  Nicholas.  "  Sit 
down,  Mr.  Nickleby,"  said  Squeers,  "  we  are  a  breakfasting  you 
see."  Nicholas  did  not  see  that  any  body  was  -breakfasting  ex- 
cept Mr.  Squeers ;  but  he  bowed  with  all  becoming  reverence 
and  looked  as  cheerful  as  he  could. 

"  Oh !  that  is  the  milk  and  water,  is  it  William  ? "  said 
Squeers,  "  very  good,  don't  forget  the  bread  and  butter  pre- 
sently." 

At  this  fresh  mention  of  the  bread  and  butter  the  five  little 
boys  looked  very  eager,  and  followed  the  waiter  out  with  their 
eyes  ;  meanwhile,  Mr.  Squeers  tasted  the  milk  and  water. 

"  Ah  !  "  said  that  gentleman,  smacking  his  lips,  "  here's  rich- 
ness !  Think  of  the  many  beggars  and  orphans  in  the  streets 
that  would  be  glad  of  this,  little  boys.  A  shocking  thing  hun- 
ger is,  isn't  it,  Mr.  Nickleby." 

"  Very  shocking,  Sir,"  said  Nicholas. 

Here  is  richness,  yes !  let  us  think  of  the  widows  and  orphans 
in  the  street  who  have  to  suffer  by  this  "  richness,"  by  such  a  stan- 
dard as  is  proposed  by  these  learned  gentlemen.  Now  observe 
how  this  controversy  has  been  shaped,  with  what  art  the  parti- 
cular issue  has  been  concealed.  The  first  point  in  the  trial  of 
such  cases,  the  first  point  in  the  movement  of  public  officers  to 
prevent  an  evil  so  enormous  as  this,  must  depend  on  some  prac- 
tical mode  of  detection  of  fraud.  So  cumbrous  and  lengthy  a 
method  of  detection,  involving  the  necessity  of  this  parade  of  a 
whole  laboratory,  as  you  saw  here,  in  which,  after  forty  minutes 
of  experiment  in  the  evaporation  of  milk,  the  experiment  was 
not  concluded,  and  several  parts  you  had  to  take  upon  your  im- 


11 

agination.  Such  a  method  is  insufficient.  Make  it  cumbrous, 
throw  difficulties  in  the  way,  and  you  cannot  detect  one  milk- 
man's fraud  a  day.  Perhaps  the  Milkmen's  Association  would 
be  willing  to  offer  up  the  vicarious  sacrifice  of  a  "  distinguished 
member  "  like  the  prisoner,  and  the  other  members  would  then 
pursue  their  trade  undetected  and  unharmed.  Therefore,  I  say 
the  first  object  of  the  defence  was  to  get  rid  of  any  practical 
mode  of  detection.  There  is  in  fact  but  one  method  of  adulter- 
ation of  milk  of  which  we  are  really  afraid.  It  is  the  "  iron-tailed 
cow"  that  does  the  damage  ;  it  is  by  water.  This  is  the  cheapest 
and  most  ordinary  way.  You  are  not  to  consider  if  there  are 
other  adulterations ;  you  have  not  to  say  that  the  Board  of 
Health  would  necessarily  fail  in  the  detection  and  punishment 
of  other  offenses.  We  have  here  the  most  common  and  the 
readiest  adulteration — that  by  water.  You  know  that  the 
milkmen  themselves  are  interested  in  this  test,  and  that  they  are 
making  it  constantly.  Doughty  has  told  you,  that  even  on  the 
farms,  they  are  testing  the  milk,  and  every  man  who  purchases 
milk  knows  whether  he  is  buying  a  good  article  or  not.  Officers 
Jepson  and  Gardner  were  police  officers  of  the  Sanitary  Squad, 
and  made  10,000  tests  each.  Drs.  O'Connor  and  White  have 
testified,  and  you  have  seen  a  witness  on  the  stand  for  the  de- 
fence who  claims  that  he  is  no  scientific  man,  and  has  no  scien- 
tific experience,  but  who  says  that  these  observations  are  easily 
and  readily  made.  It  is  not  necessary  to  talk  to  you  at  length 
of  the  detection  of  so  plain  and  palpable  a  fraud  as  there  is  in 
this  case.  Gentlemen,  you  know  that  every  one  of  you  can  take 
that  lactometer  and  test  milk  yourselves.  Take  milk  which 
they  say  is  "  adulterated  with  cream,"  and  milk  which  is 
diluted  with  water,  and  your  own  good  sense  and  observation 
will  determine  that  it  is  possible  to  distinguish  between  them. 
The  first  thing,  then,  that  the  defense  strikes  at  is  the  instru- 
ment used  in  this  practical  test.  We  were  told  that  the  lactom- 
eter should  be  brushed  away,  "  that  knowledge  and  science," 
excuse  me  for  quoting  the  words,  "  damn  the  lactometer,"  We 
have  a  learned  professor,  on  the  part  of  the  defence,  who  meets 
this  instrument  as  some  noble  leader  of  a  bovine  herd  who, 


12 

breaking  from  his  accustomed  pastures,  crosses  a  railroad  track 
in  the  gloom  of  the  evening,  and  seeing  the  locomotive  coming 
with  its  dazzling  light  plunges  at  it  to  brush  the  locomotive 
away ;  but  it  is  the  bull  and  not  the  locomotive  that  disappears. 
Now  I  ask  you  to  remember  this  fact,  that  not  one  witness  in 
this  case  has  said  that  the  lactometer  will  not  test  specific  gravity. 
They  all  agree  to  that.  "  But  it  is  useless,"  says  the  learned 
professor.  I  say  let  us  determine  the  specific  gravity  in  the  first 
place.  The  public  officers  in  this  case  do  not  propose  to  you  the 
lactometer  as  a  test  for  anything  else  but  specific  gravity,  but 
they  say  that  since  you  know  what  the  specific  gravity  of  good, 
sound,  commercial  milk  is,  and  must  be,  if  the  milk  tested  shall 
fall  below  that  standard  on  the  lactometer,  then  it  is  watered. 
Now,  gentlemen,  whether  that  be  a  correct  conclusion  or  not, 
you  have  heard  the  evidence  of  all  these  learned  gentlemen  who 
have  testified  to  the  value  of  this  test.  I  shall  not  take  up  your 
time  to  attempt  to  meet  the  quibbles  about  mistakes  of  words 
when  they  were  under  the  very  sharp  fire  of  the  cross-examina- 
tion of  the  learned  counsel.  I  shall  not  ask  you  to  determine 
whether  these  scientific  men,  witnesses  for  the  prosecution,  are 
worthy  of  the  place  they  have  occupied  in  the  scientific  world 
for  fifteen  or  twenty  or  more  years;  but  I  will  remind  you  of 
the  fact  that  as  one  distinguished  author  has  said,  "  books  follow 
thoughts,  not  thoughts  books."  You  have  had  the  book-makers 
before  you ;  you  have  had  the  men  before  you  who  determine 
scientific  questions.  You  have  had  their  opinion,  to  the  effect 
that  after  a  consideration  of  all  the  authorities,  and  after  a  re- 
view of  the  whole  subject  witli  careful  analysis  and  reason,  such 
as  scientific  men  have  learned  to  use,  their  opinion,  vouched  for 
by  their  reputation,  is  that  the  lactometer  is  a  sure  and  practi- 
cal test  of  the  adulteration  of  milk  ~by  water,  when  it  is  properly 
tested  and  is  accurate.  Now  they  have  said  further  that  as  a 
practical  test  it  is  just  as  accurate  as  analysis.  It  is  not  necessary 
for  us  to  go  to  that  point;  I  desire  to  make  it  plain.  It  must 
be  admitted  on  all  sides  that  analysis  can  only  tell  you  the 
amount  of  water  in  the  milk  ;  the  lactometer  tells  you  the  same 
thing.  How  can  you  tell  from  analysis  whether  water  has  been 


13 

added  unless  yon  have  some  standard?  You  must  settle  in  the 
first  place  how  much  water  ought  to  be  in  milk,  or  analysis  will 
not  tell  you  what  has  been  added.  Here  is  where  the  defence 
have  made  their  real  and  their  principal  issue.  Their  attack  is 
not  on  the  lactometer;  they  can  no  more  meet  it  than  the  bull 
can  meet  the  locomotive ;  they  can  no  more  meet  it  than  you 
can  meet  any  well  ascertained  fact.  The  lactometer  has  been 
described  to  you  by  the  learned  witness  for  the  defence,  in  his 
graphic  style,  as  beginning  with  Archimedes.  It  is  not  neces- 
sary to  prove  that ;  it  has  been  admitted  in  court  that  it  deter- 
mines specific  gravity,  and  analysis  will  do  no  more.  It  is  upon 
this  question  of  a  standard  that  we  have  to  meet  them.  This  is 
the  real  thing  at  which  they  aim.  You  cannot  tell,  they  say, 
but  that  this  was  honest  milk,  because  there  is  no  standard. 
Then  we  asked  the  defence,  what  is  your  standard  ?  They  answer 
it  ranges  from  80  to  130.  We  asked,  can  you  fix  it  no  closer? 
"  No."  How  do  you  know  that  ?  "  By  experience."  Their  pro- 
fessor made  personally  twelve  observations,  and  of  these  seven 
were  against  him,  and  five  for  him,  and  the  most  distinguished 
of  those  observations  was  on  the  now  famous  quadruped,  which 
seems  to  be  the  peculiar  property  of  the  scientific  family  on  the 
side  of  the  defense.  I  think  I  would  be  justified  in  calling  that 
tribe  of  milk  cows  the  "Doremus  Cows,"  and  the  most  distin- 
guished of  that  family  is  the  mother,  perhaps,  the  so-called 
"Bob-tailed .Cow."  We  have  found  her  sister  nearly  related  to 
her  in  this  case.  Her  milk  is  produced  by  the  youthful  knight 
errant  of  the  professor's  family,  who  searches  "  the  County  of 
Orange,  with  its  creameries  and  its  rich  pastures," — to  quote  his 
own  lan<ma°'e — and  goes  straight  to  the  Mulford  Farm.  You 

"53          t5  O  O 

will  remember  the  learned  professor's  description  of  the  golden 
crown  of  Hiero,  which  Archimedes  tested,  exclaiming,  "Eu- 
reka!" "Eureka!''  So  you  will  remember  how  this  youthful 
scion  of  that  scientific  house  returned  from  "  the  creameries 
of  Orange"  with  "the  sample  of  low  gravity  milk,"  that  he 
had  been  sent  for,  and  may  imagine  him  exclaiming,  "Eureka! 
I  have  found  it,  the  low  gravity  milk,  the  black  cow."  And 
the  anxious  father  says,  "  Have  you  heard  anything  of  the 


14 

Dob-tailed  cow?"  The  youth  replies,  "It  is  not  necessary, 
I  have  the  black  cow,  sample  number  three.  Get  the  other  side 
to  taste  it,  and  the  case  is  done."  I  thought  we  would  trace  this 
cow-relationship  a  little.  I  thought  we  would  go  one  step  more. 
So  I  asked  Mr.  Charles  Doremus,  another  member  of  the 
family,  more  about  this  tribe  of  cows,  which  has  been  hitherto  un- 
known in  science.  There  is  110  description  of  any  such  cows  any- 
where, except  in  the  evidence  of  the  professor's  family.  I  could 
read  you  books  without  number,  but  I  will  take  the  testimony 
which  you  have  heard.  No  such  cows  were  ever  known  before, 
therefore  I  wished  to  trace  them.  I  said  to  Charles  Doremus, 
"  This  sample  of  milk  is  very  like  another  we  have  had  ? "  He 
was  talking  about  the  samples  he  had  in  the  Kiieib  case,  and 
about  the  "  bob-tailed  cow."  "  There  is  another  rnilk,  that  of  the 
black  cow,  like  this,"  I  said.  "  Yes,  it  is,"  he  said,  "  in  whey." 
"  Is  it  like  it,  in  other  respects  ? "  "  Yes,  sir,  in  other  respects." 
There  are  no  such  cows  to  be  found  except  in  this  "  Doremus 
tribe."  The  black  cow  and  the  bob-tailed  cow  stand  together, 
and  when  Prof.  Doremus  goes  on  to  give  you  a  standard  of  milk, 
he  begins  with  these.  It  is  from  these  that  he  gets  his  low  stand- 
ard. I  will  read  an  extract  from  Wanklyn,  and  we  shall  see  if 
there  is  not  a  standard  for  milk.  Wanklyn,  page  41,  says :  "  In 
dealing  with  milk  supply  on  a  large  scale,  we  are  little  concerned 
with  the  possibility  of  single  animals  giving  abnormal  milk,  and 
need  only  concern  ourselves  with  milk  of  normal  quality,  all  de- 
partures from  the  standard  being  looked  upon  as  sophistications." 
The  fact  is  claimed  by  him  that  the  normal  standard  of  milk 
varies,  if  I  remember  right,  only  two  degrees.  Now  I  take  up  a 
book,  "Du  Lait,"  by  Marchand,  and  read  this:  "Every  time 
that  we  shall  meet  a  milk  of  which  the  corrected  density  shall 
be  inferior  to  1.030  at  a  temperature  of  15  [Centigrade],  and 
which  shall  contain  less  than  30  gr.  of  butter,  50  gr.  of  lactine, 
we  shall  affirm  with  certainty  and  without  fear,  that  the  milk  is 
falsified."  I  read  from  the  last  edition  of  Tardieti,  the  edition 
of  1862  :  "  In  one  word,  the  frauds  indicated  by  the  lactoden- 
simeter  are  certain,  but  it  is  far  from  indicating  all  frauds."  On 
page  521, 1  read  that  "  the  lactodensimeter  is  a  useful  instrument 


15 

for  the  verification  of  milk.  It  can  show  some  frauds,  but  not 
all."  I  read  from  this  dictionary  of  Profs.  Tardieu  and  Blythe, 
in  which  they  say  in  the  article  on  milk,  page  385  :  "  Mr.  F.  N". 
McNamara,  of  Calcutta,  published  a  short  time  since  the 
interesting  analysis  of  the  milk  of  a  little  Bengali  cow. 
His  results  show  how  constant  the  composition  of  milk  is. 
whether  obtained  from  the  much  prized  and  well-fed  Alderney, 
or  the  poor,  ill-nourished  Bengali  cow."  This  book  I  have 
in  my  hand,  is  one  that  gives  a  most  exhaustive  treatment 
of  this  whole  subject.  There  are  no  pet  theories  in  it,  such 
as  are  to  be  found  in  Von  Baumhauer,  but  it  reviews  the 
whole  subject.  Christian  Miiller's  treatise,  on  page  43,  of  the 
edition  of  1872,  says:  "From  more  than  6,000  samples  from 
Quevenne  and  Bouchardat,  1.029  appears  as  the  minimum 
and  1.033  as  the  maximum.  For  the  hospitals  and  public  insti- 
tutions in  Paris,  the  minimum  is  1.030.  From  1842  to  1856 
there  was  an  earnest  inquiry  if  these  figures  could  be  taken  for 
Switzerland.  A  great  many  instruments  were  distributed  to 
obtain  the  greatest  possible  number  of  data  both  on  the  mount- 
ains and  in  the  valleys,  and  there  was  a  great  demand  for  them  ; 
so  that  in  1856  already  several  hundreds  of  instruments  were  in 
use.  The  fear  of  the  new  instruments  closed  the  mouths  of  the 
guilty,  and  it  soon  became  the  rule  to  close  the  prosecution  by 
1.028.  So  it  was  in  my  laboratory."  On  page  51,  he  says,  "  the 
proving  of  the  specific  gravity  of  milk  by  means  of  the  arao- 
meter  answers  the  purpose,  arid  for  the  greatest  proportion  of 
cases  is  sufficient,  and  in  several  localities  there  is  no  other  test." 
On  page  69  he  says,  "  besides,  I  investigated  286  other  cases  of 
market  milk.  As  the  average  of  all  tests,  I  had  a  number 
which,  was  not  much  greater  than  1.031.  I  found  one  gravity 
only  under  1.029.  This  was  from  a  spayed  cow ;  the  milk  had 
a  bitter  taste."  On  page  74  he  says :  "  If  we  go  through  all 
Europe,  from  land  to  land,  from  place  to  place,  from  dairy  to 
dairy,  from  alp  to  alp,  with  the  lactodensimeter  in  our  hand, 
and  mix  constantly  the  milk  of  various  cows  together,  we  shall 
find  that  the  milk,  which  is  divided  as  a  trade  commodity  from 
the  physiological  milk,  ranges  from  1.029  to  1.033." 


16 

This  answers  in  one  word  this  question  of  milk,  this  commer- 
cial milk,  and  these  pseudo  criticisms  against  our  lactometer. 
The  real  issue  in  this  case  is,  Shall  the  standard  be  that  of  the 
milk  of  a  healthy  cow '{  Shall  it  be  a  standard  of  the  milk  of 
the  cow  as  she  has  been  found  all  over  the  civilized  world  ? 
Shall  it  be  the  standard  of  the  food  supply  of  milk  by  which 
nourishment  shall  be  secured  to  the  infant  and  the  sick  in  the 
great  cities  of  the  civilized  world,  or  shall  it  be  the  standard  of 
this  model  Mulford  or  Doremus  family  of  cows?  Shall  it  be 
the  standard  of  the  Doreinus  cows  ?  I  say  give  us  a  standard 
such  as  is  accepted  elsewhere,  and  let  the  citizens  of  New  York 
have  the  protection  which  is  accorded  to  those  who  live  under 
every  well-regulated  government  in  all  the  world.  But  it  has 
been  said  you  have  no  right  to  use  the  lactometer.  I  say  on  the 
contrary  that  the  real  issue  is  the  standard  for  sound  milk.  On 
this  point  I  will  read  one  or  two  extracts  from  well-known 
books,  and  then  I  will  pass  by  this  subject.  In  a  work  on  food, 
by  Edward  Smith,  published  in  1873,  after  reviewing  all  the 
questions  with  all  the  experience  gained  in  England,  speaking 
of  the  addition  of  water  and  the  subtraction  of  part  of  the 
cream,  etc.,  etc.,  the  author  goes  on  to  say  of  the  tests,  "  the 
lactometer  effects  this  with  readiness  and  efficiency."  Wilson 
says :  "  As  it  (milk)  is  frequently  adulterated  with  water,  the 
specific  gravity  is  a  most  important  test  of  the  quality,  and 
hence  the  value  of  the  lactometer."  It  is  said,  in  the  work  by 
Atcherly  that  "the  addition  of  water  is  best  detected  by  its  (the 
milk's)  specific  gravity."  "  This  in  a  sample  of  milk  was  lowered 
when  mixed  with  its  own  volume  of  water,  from  1.031  to  1.015." 
Here  I  have  the  correspondence  of  the  Holland  Association,  the 
most  recent  publication  of  all,  published  in  Cologne,  in  1876, 
in  which  the  adulteration  of  milk  is  treated  of  under  the 
title  or  head  of  "  Public  Health,"  and  this  approves  the  use  of 
the  lactometer  in  determining  the  specific  gravity.  So  I  might 
go  through  a  number  of  these  works  I  have  here  before  me.  In 
the  Annals  of  agricultural  chemistry  which  have  been  used  in 
evidence,  Fleischman  has  said  that  "  the  areometer,  under  all 
circumstances,  is  of  the  highest  excellence  (ganz  vortremich)  in 


17 

proving  the  watering  of  milk."    The  areometer  is  the  lactometer. 
Gentlemen,   I    shall    not    enter    upon    the    discussion    of   the 
mechanical    operation    or    construction    of    this    little    instru- 
ment.    You  have  had  the  testimony  here  of  very  distinguished 
scientific  men,  that  it  was  very  well  made ;  and  it  seems  to  me 
that  one  of  the  most  notable  failures  on  the  part  of  the  defence 
was  when  two  of  their  scientific  experts  were  unable  to  tell  how 
it  should  be  regulated,  and  showed  upon  the  stand  that   they 
were  ignorant  of  the  quotation  from  the  article  in  Watts'  dic- 
tionary, in  which  it  appears  that  in  the   construction   of   the 
lactometer  on  so  very  nice  a  scale  the  degrees  will  appear  equal. 
You  have  heard  the  testimony  of  a  man  who  does  know  how  they 
are  constructed,  and  he  has  shown  to  you  that  the  difference  in 
the  size  of  the  degrees  is  the  -jrlmr  or  TO  oro*  Part  of  an  inch.    The 
witnesses  for  the  defence  did  not  know  these  facts  and  figures 
when  they  testified.     They  did  not  know  how,  in  fact,  the  lacto- 
meter was  constructed.     They  did  not  know  what  was  the  test 
that  was  prescribed  by  the  very  book  which  they  had  in  their 
hand.     You  remember  the  story  of  the  young  lady  who  enter- 
tained company,  and  was  found  after  a  number  of  evenings  to  be 
extremely  well  posted  on  a  great  many  subjects ;    but  after  a 
while  her  conversation  lagged,  and  when  an  explanation  was 
sought  as  to  the  cause  of  her  dullness,  she  said  the  fact  was  that 
she  had  been  reading  the  encyclopaedia,  but  had  only  reached  the 
letter  O.    These  gentlemen  got  up  to  the  page  they  quoted  about 
the  hydrometer,  but  they  had  only  read  up  to  a  certain  point,  and 
not  the  later  pages  which  we  showed  to  them.     It  was  as  con- 
spicuous an  example  of   scientific   inaccuracy  as  was  afforded 
when  the  learned  professor  informed  you  that  there  was  no  con- 
stant quantity  in  milk,  save  the  one  element,  which  was  sugar. 
"  Examine  the  serum,"  said  he,  "  because  sugar  is  always  con- 
stant."    I  said  to  him :    "  Professor,  tell  me  if  on  your  chart 
there  over  your  head  the  sugar  is  always  constant."     The  reply 
was :  "  It  varies  a  little."     "  How  much  ?  "     "  Well,  it  varies 
3."     Said  I,  what  is  the  highest  and  what  is  the  lowest  point  ?  " 
"  It  varies  from  6  at  one  limit  to  2T80  at  the  other  " — above  60 
per  cent.,  if  I  can  read  correctly.     That  is  all  he  knows  of  the 
2 


18 

standard  for  milk  and  of  its  accuracy  in  the  experiment.  Gen- 
tlemen, is  such  testimony  to  be  opposed  to  the  opinions  which 
you  have  heard  here,  such  authorities  as  have  been  read  in  your 
hearing?  But  I  do  not  ask  you  to  trust  to  that  proof,  I  do  not 
ask  you  to  consult  these  books,  nor  to  read  one  of  them.  I  ask 
you  simply  to  trust  your  own  observation  and  your  own  judg- 
ment. You  have  seen  with  your  own  eyes  whether  or  not  this 
instrument  will  detect  the  watering  of  milk.  Now,  remember 
that,  in  opposition  to  the  experiment  on  the  Mulford  herd  of  the 
bob-tailed  and  black  cow  species,  that  we  have  made  experiments 
in  searching  for  low  gravity  cows — not  with  a  particular  object, 
but  to  find  out  what  the  range  was  here  about  New  York.  Our 
inspectors  tested  not  only  commercial  milk,  but  they  made  505 
tests  of  cows  at  the  dairy  farms,  and  found  that  in  all  cases  of 
sound,  healthy  cows  the  milk  was  above  the  standard.  There 
were  some  apparent  exceptions.  Did  we  conceal  them  ?  No  ; 
we  told  you  the  whole  story  ;  we  gave  you  all  the  reports.  The 
defence  used  one  or  two  reports  only  in  evidence  on  this  point. 
We  have  given  you  all  the  facts  in  our  possession,  and  you  can 
judge  as  well  as  we.  The  exceptions  we  have  explained,  and 
we  say  that  the  tests  made  here,  the  practical  tests  to  determine 
the  standard  of  New  York  commercial  milk,  demonstrate  with 
mathematical  certainty  that  1.029  is  a  very  low  standard — that  it 
is  a  very  fair  standard  for  the  purity  of  milk. 

Suppose  you  agree  with  these  learned  gentlemen  of  the  de- 
fence, in  any  respect,  you  must  still  remember  that  the  ques- 
tion is  not  of  one,  two,  three,  five,  nor  of  ten  degrees  in  this 
case,  but  it  is  of  fifteen  degrees  of  water.  Think  of  it? 
Twenty-five  per  cent,  of  water  had  to  be  added  to  the 
sample  you  had  before  you  the  other  day  to  bring  it  down 
to  90,  five  degrees  above  this  point  of  Schrumpf's.  The 
testimony  we  have  had  in  this  case  has  increased  the  number 
of  practical  tests,  for  it  see  ns  that  out  of  forty-seven  samples  that 
were  investigated  by  the  Messrs.  Doremus  there  was  a  very  small 
proportion  that  fell  below  the  standard.  Accepting  the  real  milk 
cows  of  the  Mulford  andx)ther  herds  our  tests  come  up  to  540,  so 
that  our  standard  is  not  lowered  but  if  anything  it  is  increased. 


19 

Gentlemen,  will  you  say  to  the  milkmen  of  New  York  what 
standard  of  milk  you  will  have  your  children  take,  and  what  you 
will  give  to  the  poor,  and  send  to  the  hospitals.  You  can  fix  by 
your  verdict  the  standard.  It  is  of  vast  importance  that  noth- 
ing should  be  done  to  unsettle  the  standard  of  pure  milk.  It  is 
of  vast  importance  that  you  do  not  put  us  all  at  the  mercy  of 
people  who  are  supplying  so  important  an  element  of  health 
and  strength  in  this  community.  Now  remember  commercial 
milk  is  mixed  milk,  it  must  have  an  average,  and  remember,  as 
I  said  before,  that  the  evidence  is  uncontradicted  in  this  case 
that  commercial  milk,  sold  in  the  city  of  New  York,  when  pure, 
stands  above  100  011  the  lactometer.  Mr.  Doughty  says  he 
tested  3,000  samples  of  this  commercial  milk  we  are  talking 
about,  and  out  of  those  3,000  of  Doughty's  tests,  out  of  the  540 
tests  of  the  Board  of  Health,  out  of  the  6,000  in  Paris,  out  of  the 
hundreds  of  those  which  Miiller  tells  you  of  in  Switzerland,  and 
those  which  Smith  speaks  of,  you  get  an  enormous  aggregate, 
and  opposed  to  them  you  have  Dorernus's  five  or  seven  strippers 
and  the  twelve  observations  which  Professor  Doremus  himself 
made,  of  which  seven  were  in  favor  of  and  five  against  the 
lactometer.  Do  you  talk  about  a  doubt  in  this  case  upon  such 
evidence  ?  Is  it  possible  to  go  beyond  that  ?  Now  I  have 
shown  you  what  the  opposing  standard  is,  based  upon  those 
samples  of  milk  that  you  have  here  before  you.  I  have  shown 
you  what  the  sample  test,  applied  to  Schrumpf's  milk,  was  based 
upon.  I  have  shown  you  the  accepted  standard  all  over  the 
world,  and  it  has  been  proved  by  practical  tests,  and,  I  think, 
also  by  your  own  observation  during  this  trial.  When,  I  ask 
you,  gentlemen,  when  you  have  been  brought  in  to  settle  and 
decide  this  case  and  make  so  important  a  decision,  and  when 
the  defence  have  come  in  to  put  their  best  evidence  before  you, 
asking  that  they  shall  have  an  unlicensed  liberty  of  trade,  such 
as  is  claimed  by  these  distinguished  counsel ;  when  you  sit  here 
upon  your  oaths  to  decide  according  to  the  evidence,  to  do  what 
is  fair,  honest,  true,  and  right,  if  the  evidence  proposed,  upon 
which  the  defence  intends  to  rely,  is  a  fraud,  if  it  is  unfair,  if  it 
is  a  deception  in  the  face  of  the  Court,  I  ask  you,  gentlemen,  will 


20 

you  not  decide  the  whole  case  upon  the  evidence,  and  charac- 
terize the  evidence  produced  by  the  other  side  in  support  of  a 
standard  and  a  test  fraudulent  in  its  beginning,  fraudulent  in 
its  production,  and  fraudulent  in  itself,  as  one  upon  which  they 
cannot  stand,  upon  which  your  righteous  judgment  will  not 
permit  them  to  stand,  as  one  which  they  shall  take  away  with 
themselves  and  go  out  of  Court  to  the  judgment,  and  to  the  fair 
condemnation  of  every  honest  man,  of  every  citizen  who  desires 
to  protect  the  innocent,  the  defenceless,  and  the  poor  children  of 
this  city  ?  Gentlemen,  will  you  approve  the  fraud  of  such  testi- 
mony as  that  of  the  defence,  or  will  you  condemn  it  ?  Am  I 
using  too  strong  language  when  I  speak  in  harsh  terms  of  this 
sample  of  milk  which  you  have  had  analyzed,  and  which  the 
learned  counsel  for  the  prisoner  proposed  to-day  to  withdraw? 
He  says,  "  Withdraw  the  samples  that  young  Doremus  brought 
from  the  Mulford  farm  ! "  It  is  too  late  to  withdraw  these.  It 
was  on  Friday  only  that  we  found  out  where  they  came  from. 
We  had  questioned  the  source ;  we  had  admired  the  research 
of  this  professor's  family,  and  on  Friday  wre  found  out  where 
they  had  been  on  the  preceding  Monday.  We  had  the  sample 
back  in  Court  on  this  last  Wednesday  and  demonstrated  to  you 
that  it  was  unsound  milk,  that  it  was  rotten,  that  it  was  not  milk 
at  all.  They  cannot  withdraw  it,  it  is  the  best  thing  for  justice 
which  they  could  have  done.  They  have  prepared  for  months 
to  try  this  case.  The  learned  counsel  for  the  prisoner  is  ex- 
hausted with  the  research  he  has  made,  and  he  has  been  compli- 
mented by  the  Court  on  the  success  which  you  have  witnessed : 
u  His  ingenuity  and  learning  in  complicating  questions."  They 
have  done  their  best,  and  it  is  the  same  thing  we  have  had 
before.  If  that  is  a  fair  average  sample,  if  that  is  the  best  evi- 
dence they  can  produce,  if  it  is  presented  to  you  as  a  fair,  aver- 
age sample  of  milk,  and  you  know  it  is  not  milk  at  all,  that  it  is 
rotten,  disgusting  stuff,  then  I  say  such  is  their  case.  You  must 
remember  that  this  same  Mulford  herd  of  cows  were  fed  on  oat 
straw,  and  yet  every  milker  in  the  Mulford  herd — mind  you, 
"  the  Doremus  cows  "  are  not  "milkers"  but  "strippers" — every 
milker  in  the  Mulford  herd  gave  milk  above  the  standard.  Yes, 


21 

one,  though  fed  on  oat  straw,  did  get  a  little  hay.  Fortunately, 
young  Doremns  visited  the  place,  and  he  saw  her  eat  hay.  You 
were  told  by  other  witnesses  how  he  took  hay  and  gave  it  to  her, 
and  then  came  into  court  and  swore  she  fed  on  hay.  Is  that  fair, 
is  that  honest  ?  I  need  not  go  back  to  discuss  all  this  evidence. 
I  think  I  need  not  discuss  much  longer  the  facts.  I  say  that 
there  are  no  facts  upon  which  you  can  find  a  verdict  for  the  de- 
fendant, as  I  believe.  It  may  be,  and  I  am  bound  to  admit, 
looking  at  it  from  one  side  of  the  question,  that  there  may  be 
some  things  which  have  escaped  my  observation,  but  this  thing 
has  not  escaped  my  observation.  Where  there  is  a  fabrication 
or  falsification  of  evidence,  it  is  one  of  the  earliest  principles  in- 
stilled into  the  mind  of  every  professional  man,  of  every  man  who 
follows  that  profession  in  which  I  glory,  which  I  believe  is  of 
the  highest  honor,  and  governed  by  a  rule  of  honor  permitting 
no  deception  either  by  inference  or  by  suggestion,  it  is  one  of  the 
earliest  principles,  I  repeat,  instilled  into  the  mind  of  the  law 
student  on  the  subject  of  evidence,  that  any  falsification  of  evi- 
dence, or  any  fabrication  of  it,  stamps  the  whole  case.  Now,  if 
you  should  excuse  the  defendant,  if  you  should  find  he  was  not 
guilty — but  I  do  not  see  how  that  is  possible — yet  if  you  should 
so  find,  you  would  establish  a  standard  for  the  city  of  New  York 
from  this  fraud,  and  a  standard  of  milk  from  this  Doremus  herd 
of  cows.  It  comes  to  j  ust  that.  The  famous  "  number  3  cow," 
spoken  of  by  the  defence  in  this  case,  is  the  standard  of  milk  for 
New  York  which  they  seek  by  your  verdict.  Now  the  lactome- 
ter we  have  offered  you  as  a  test  for  nothing  except  the  specific 
gravity,  and  we  have  said  that  commercial  milk  must  stand  at 
100  on  the  lactometer.  I  think  it  has  been  proved  to  you  that 
no  possible  variation  of  fifteen  degrees  could  occur  even  on  their 
hypothesis.  You  will  remember  that  it  was  probably  25  per 
cent,  of  water  which  was  put  into  the  defendant's  milk.  It  is 
not  the  lactometer  alone  that  determines  the  adulteration,  but 
with  it  the  observation  of  the  expert.  He  knew  that  the  milk 
was  watered  before  he  tried  the  lactometer.  You  have  been 
shown  three  tests,  and  they  all  agreed.  Yes,  you  have  had  one 
further  test,  viz.,  that  of  the  evidence  that  the  defendant  knew 


22 

it  was  watered  milk.  The  distinguished  defendant  who  has  ap- 
peared here  as  the  champion  for  all  the  milk  dealers — because 
this  is  their  preferred  case,  I  did  not  select  it— he  knew,  he  read 
the  scale  on'  the  lactometer,  and  he  did  not  attempt  to  deny  it. 
His  skillful  counsel  drew  from  him  all  that  was  proper  for  the 
case.  There  was  to  be  no  mistake  ;  there  was  no  confusion,  no 
lack  of  skill  or  ingenuity  in  getting  all  from  this  gentleman  that 
could  be  got.  Therefore  his  counsel  was  careful,  and  asked 
questions  carefully  modified.  "  Did  you  put  any  water  in  your 
milk?"  "No."  "Did  your  son?"  "No."  Not  a  question 
put  such  as  did  you  know  whether  it  was  watered  or  not  ?  There 
has  been  a  singular  transformation  in  this  man.  I  do  not  know 
what  it  is  owing  to.  I  presume  the  man  who,  on  the  25th  of 
August,  sold  this  milk  must  necessarily  be  a  different  man  from 
the  distinguished  individual  that  comes  here  and  swears  as  to  the 
standard  of  milk  and  the  use  of  the  lactometer.  He  came  here 
the  other  day,  and  plead  at  the  bar,  before  this  case  began,  and 
said  "not  guilty"  He  said  that  he  was  not  guilty  of  knowingly 
offering  for  sale  adulterated  or  watered  milk.  But  he  changed 
his  tune ;  he  woke  up  within  two  or  three  days,  and  as  he  looked 
in  the  glass  he  beheld  Schrumpf,  no  longer  a  milk  dealer,  but 
"the  champion  representative  of  the  Milk  Dealers'  Association." 
"  Schrumpf !  "  he  said  to  himself,  "  you  said  you  did  not  know, 
you  who  know  everything,  and  to  whom  these  scientific  men  are 
but  infants  ;  but  when  you  come  on  the  stand  can  you  say  you 
did  not  know  the  reading  of  the  lactometer  ?  Have  you  not  seen 
it  before  ?  You  know  all  about  it."  He  talked  English  then  and 
with  the  Inspector,  but  on  the  stand  he  could  only  speak  Ger- 
man. When  the  standard  of  milk  of  the  black  cow  and  the 
bob-tailed  cow  is  mentioned  and  proven,  see  the  effect  on  him. 
He  is  changed.  Then  he  knew  both  English  and  German ;  now 
he  knows  only  German.  A  week  ago  he  did  not  know  that  his 
was  watered  milk;  but  now  he  finds  that  he  knew  it  all  the 
time.  From  such  effects  save  us. 

Now  we  leave  this  man  to  suffer  the  just  consequences  of  an 
offence  prohibited  by  law.  I  think  you  will  say  it  is  a  salutary 
law,  as  the  learned  counsel  for  the  defence  has  already  admitted 


23 

that  it  is.  This  is  an  offence  which  touches  the  important  rela- 
tions of  life,  to  which  I  have  called  jour  attention — one  that 
bears  immediately  upon  this  question  of  the  reduction  of  the  rate 
of  mortality  among  infants.  And  I  may  say  if  this  be  a  test 
case,  it  is  one  that  is  to  increase  or  diminish  the  rate  of  mortality 
of  the  one  hundred  and  thirty  thousand  infants  in  this  great  city. 
Leaving  that,"  I  say  that  upon  the  evidence  which  you  will  have 
to  discuss,  these  several  propositions  have  been  demonstrated : 
1st.  That  there  is  a  standard  for  New  York  milk.  Place  it  where 
you  like,  gentlemen.  If  you  do  not  accept  this  1.029,  still  my 
proposition  is  that  there  is  a  standard,  though  the  defence  denies 
it.  2d.  That  1.029  or  its  equivalent  100  on  the  lactometer  of  the 
Board  of  Health,  is  practical,  and  it  is  the  only  safe  standard  for 
the  city  of  New  York,  otherwise  you  incur  great  dangers  and 
great  risks.  3d.  That  the  lactometer  correctly  determines  the 
specific  gravity,  and  in  determining  the  specific  gravity  upon 
this  standard,  determines  the  question  of  adulteration  by  water. 
4th.  That  the  milk  dealers  must  be  presumed  and  held  to  know 
the  article  they  are  selling,  just  as  the  baker  knows  his  bread, 
and  the  butcher  knows  his  meat.  So  the  milkmen  ought  to 
know  the  article  they  are  selling,  at  so  great  a  profit,  to  the 
people.  5th.  That  Schrumpf's  milk  on  this  day  in  August  was 
watered,  and  watered  far  below  the  safe  standard,  and  far  below 
any  possibility  of  error  in  his  detection.  6th.  That  the  defen- 
dant's milk  was  watered  at  least  15  per  cent.,  and  thus  adulter- 
ated, offered  by  him  for  sale,  against  the  law  and  ordinance. 
7th.  That  Schruinpf  is  guilty,  and  whether  we  find  him  guilty 
knowingly  or  not,  he  is  guilty  of  selling  adulterated  milk. 

Now  one  word,  gen  tie  men,  and  I  will  detain  you  no  longer. 
I  ask  you  to  consider  the  parties  to  this  litigation.  On  the  one 
side  you  have  public  officers  charged  as  I  said  before  upon  their 
oaths  to  discharge  this  duty  of  protecting  the  health  of  the  city 
of  New  York.  Upon  so  important  a  question,  they  have  given 
evidence  after  careful  preparation,  testimony  of  distinguished 
scientific  men,  and  evidence  of  the  methods  of  detection  adopted 
all  over  the  world  where  such  necessity  arises  for  such  tests  and 
such  action.  They  have  concealed  nothing.  You  have  had  the 


24 

whole  before  you ;  yon  liave  seen  the  very  beginning  and  the 
whole  course  and  history  of  this  test,  and  you  have  had  added  to 
it  such  practical  demonstrations  as  the  prosecution  have  shown. 
These  are  public  interests  which  are  involved,  and  it  is  be- 
cause they  are  public  officers  that  they  have  thought  it  necessary 
to  show  you  who  represent  the  community— for  you  are  the  people 
in  this  case — fully,  frankly,  thoroughly,  and  accurately,  all  that 
they  have  been  doing,  and  what  their  officer  did  the  day  that 
Schrumpf  was  found  offering  watered  milk  for  sale.  Now  the 
defendant  appears  here  on  behalf  of  private  interests.  As  I  told 
you  before,  he  claims  but  one  thing,  and  that  is  to  be  allowed  to 
go  on  and  sell  this  milk,  to  get  rid  of  the  standard,  to  get  rid  of 
detection,  to  get  rid  of  all  methods  of  procedure,  to  have  a  lib- 
erty unrestricted  by  law,  to  pour  this  poison  over  the  whole  city. 
I  have  shown  you  the  influence  of  your  verdict.  I  have  directed 
your  attention  to  the  principal  points  that  have  been  discussed. 
I  have  not  sought  to  go  into  details.  I  ask  you  to  take  the  other 
facts  upon  the  authority  of  the  witnesses  whom  you  have  heard 
examined.  I  will  say  in  conclusion  that  we  have  come  into  this 
case  to  discharge  a  duty ;  we  have  entered  into  this  litigation, 
and  have  made  this  fight  because  it  was  necessary.  We  have  not 
sought  it.  We  have,  as  I  believe,  fought  a  good  fight,  wre  have 
kept  the  faith.  I  trust  that  you  will  find  that  we  have  done 
our  duty.  The  rest  we  leave  to  you. 


APPENDIX. 


I.— WITNESSES. 

1. —  Witnesses  Examined  for  the  Prosecution,  in  Favor  of  the 

Board  of  Health  Tests. 

WILLIAM  A.  WALL,  from  the  Office  of  the  City  Kecord. 
CASPAR  GOLDERMAN,  from  the  Office  of  the  Health  Department. 
DR.  JOHN  B.  WHITE,  Sanitary  Inspector. 
PROF.  C.  F.  CHANDLER,  Columbia  College. 
PROF.  C.  A.  GOESSMANN,  Mass.  Agricultural  College. 
PROF.  G.  C.  CALDWELL,  Cornell  University. 
II.  DOUGHTY,  Manager   of   the   Essex  County  Farmers'   Milk 

Association. 

PROF.  HENRY  MORTON,  Stevens'  Institute. 
PROF.  BENJAMIN  SILLIMAN,  Yale  College. 
ELWYN  WALLER,  PH.D.,  Chemist  to  the  Health  Department. 
HERMAN  ENDERMAN,  PH.D.,  Health  Department. 
JOHN  R.  YALE,  Health  Department. 
DR.  J.  T.  O'CONNOR,  Sanitary  Inspector. 
HENRY  A.  MOTT,  PH.D.,  New  York. 

JOSEPH  A.  GARDNER,  Sanitary  Policeman  and  Milk  Inspector. 
JAMES  C.  JEPSON,  Sanitary  Policeman  and  Milk  Inspector. 
PROF.  G.  F.  BARKER,  University  of  Pennsylvania. 

2. —  Witnesses  Examined  for  the  Defence,  Opposed  to  the  Board 

of  Health  Tests. 
THOMAS  C.  DOREMUS.  New  York. 

PROF.  E.  O.  DOREMUS,  College  of  the  City  of  New  York. 
DR.  C,  A.  DOREMUS,  New  York. 
II.  W.  VAUGHN,  Milk  Inspector,  Providence,  R.  I. 
A.  S.  CASPER. 

JOHN  H.  COMER,  Accountant  and  Practical  Farmer. 
DANIEL  SCHRUMPF,  Defendant,  Milk  Dealer. 
JACOB  SCHRUMPF,  Son  of  Defendant. 


26 


II— THE  LACTOMETER. 

1.  The  lactometer  is  a  hydrometer  which  indicates  specific 
gravities  between  1.000.  the  gravity  of  water,  and  1.0348. 

2.  It  is  used  to  determine  the  specific 
gravity  of  the  milk. 

3.  As  the  specific  gravity  varies  with  the 
temperature,  the  observations  are  made  at 
a  standard  temperature  of  60°  Fah. 

4.  The  specific  gravity  of  the  average 
milk  at  a  milking  of  a  healthy  cow,  prop- 
erly fed  and  in  a  normal  condition,  varies 
from  1.029  to  1.0348.     The  former  num- 
ber being  the  lowest  or  minimum  gravity, 
100°  is  placed  at  this  point  on  the  lactome- 
ter ;   0°  is  placed  at  1.000,  the  gravity  of 
water;   the  intervening  space  is  divided 
into   100°,  and  the  graduations  are  con- 
tinued to  120°,  which  corresponds  to  the 
specific  gravity  1.0348. 

5.  To  apply  the  lactometer,  the  temper- 
ature of  the  milk  is  first  noted  with  the 
aid  of  the  thermometer;    the  lactometer 
is  then  carefully  inserted,  taking  pains  to 
avoid   wetting   the   portion  of   the    stem 
above  the  milk,  and  to  free  the   surface 
of    the   milk   from    foarn.       The   degree 

o 

to  which  the  instrument  sinks  is  then 
noted.  Bearing  in  mind  the  effect  of 
temperature  on  the  gravity,  the  inspec- 
tor now  decides  whether  the  gravity  will 

probably  be  below  100°  at  60°  Fah.    If  he 
The  Lactometer. 

thinks  it  will,  he  carefully  cools  or  warms 

a  sample  of  the  milk,  as  the  case  may  require,  to  60°  Fah.,  and 
again  inserts  the  lactometer.  If  it  stands  below  100°,  the  gravity 
is  below  that  of  any  genuine  milk.  He  carefully  notices  the 


27 

consistence  to  determine  whether  he  has  before  him  a  sample  of 
thin  watered  milk  or  a  sample  of  thick  cream.  The  black  back- 
ground of  the  shot  in  the  lower  bulb  enables  the  inspector,  as 
the  milk  runs  oft'  the  lactometer,  to  judge  of  its  consistence. 
The  color  is  also  noted,  as  well  as  the  odor  and  taste.  Low 
specific  gravity  (below  100°  =  1.029)  together  with  abnormal 
watery  consistence,  and  a  watery  taste,  establish  the  fact  of 
adulteration  by  water,  which  is  the  most  common  form  of  adul- 
teration, because  the  simplest  and  most  convenient. 

If  the  specific  gravity  be  above  100°,  it  does  not  follow  that  the 
milk  is  pure  and  unadulterated.  Skimming,  by  removing  the 
lighter  cream,  increases  the  gravity  of  the  milk ;  so  skimmed 
milk  is  heavy ;  but  it  appears  at  the  same  time  very  thin,  and  the 
inspector's  attention  will  be  at  once  arrested  by  the  inconsistency 
of  high  gravity  and  a  watery  character.  In  this,  as  in  other 
cases  where  the  inspector  suspects  adulteration  of  any  kind 
which  cannot  be  proved  by  the  above-mentioned  tests  of  gravity, 
consistence,  and  taste,  he  is  instructed  to  take  a  sample  for 
further  examination  by  the  cream  test,  chemical  analysis,  and 
the  microscope, 


Value  of  Lactometer  Degrees  in  Specific  Gravity. 


Lactometer. 

Gravity. 

Lactometer. 

—  •  
Gravity. 

0 

1.00000 

1 
2 
3 
4 
5 
6 

7 
c 

1.00029 
1.00058 
1.00087 
1.00116 
1.00145 
1.00174 
1.00203 

61 
62 
63 
64 
65 
66 
67 

1.01769 
1.01798 
1.01827 
1.01856 
1.01885 
1.01914 
1.01943 

9 
10 
11 
12 
13 
14 
15 
16 
17 

1.00232 
1.00261 
1.00290 
1.00319 
1.00348 
1.00377 
1.00406 
1.00435 
1.00464 

68 
69 
70 
71 
72 
73 
74 
75 
76 

1.01972 
1.02001 
1.02030 
1.02059 
1.02088 
1.02117 
1.02146 
102175 
1  02204 

18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 

1.00493 
1.00522 
1.00551 
1.00580 
1.00609 
1.00638 
1.00667 
1.00696 
1.00725 
1.00754 
1.00783 
1.00812 
1.00841 
1.00870 

77 
78 
79 
80 
81 
82 
83 
84 
85 
86 
87 
88 
89 
90 

1.02233 
1.02262 
1.02291 
1.02320 
1.02349 
1.02378 
1.02407 
1.02436 
1.02465 
1.02494 
1.02523 
1.02552 
1.02581 
1.02610 

ol 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 
59 

1.00899 
1.00928 
1.00957 
1.00986 
1.01015 
1.01044 
1.01073 
1.01102 
1.01131 
1.01160 
1.01189 
1  01218 
1.01247 
1.01276 
1.01305 
1.01334 
1.01363 
1.01392 
1.01421 
1.01450 
1.01479 
1.01508 
1.01537 
1.01566 
1.01595 
1.01624 
1.01653 
1.01682 
1.01711 

91 
92 
93 
94 
95 
96 
97 
98 
99 
100 
101 
102 
103 
104 
105 
106 
107 
108 
109 
110 
111 
112 
113 
114 
.   115 
116 
117 
118 
119 

1.02639 
1.02668 
1.02697 
1.02726 
1.02755 
1.02784 
1.02813 
1.02842 
1.02871 
1.02900 
1.02929 
1.02958 
1.02987 
1.03016 
1.03045 
1.03074 
1.03103 
1.03132 
1.03161 
1.03190 
1.03219 
1.03248 
1.03277 
1.03306 
1.03335 
1.03364 
1.03393 
1.03422 
1.03451 

bO 

1.01740 

120 

1.03480 

29 


III.  REPORT  OF  DOCTORS  WALLER  AND  O'CONNOR  ON  THE  COWS 
OF  THE  MULFORD  FARM. 

NOTE. — Samples  of  low  gravity  milk  from  this  farm  were  in- 
troduced by  the  defence  to  prove  that  genuine,  unadulterated 
milk,  from  healthy,  well-fed  cows  sometimes  shows  a  specific 
gravity  below  1.029  (100°  on  the  lactometer),  the  standard  used 
by  the  Board  of  Health,  and  others,  as  the  minimum  gravity  of 
pure  milk. 

W.  DE  F.  DAY,  M.D.,  Sanitary  Superintendent. 

SIR  : — We  have  the  honor  to  report  that,  at  the  request  of  the 
President  of  the  Board  of  Health,  we  visited  the  farm  of  Mi- 
Charles  Mulford,  in  the  neighborhood  of  Guymard,  Orange  Co., 
N.Y.,  about  80  miles  from  New  York.  We  reached  there  on  the 
afternoon  of  Saturday,  December  23d,  1876,  and  were  present 
at  the  evening's  milking. 

His  herd  consists  of  some  22  cows,  of  which  but  four  were  at 
that  time  regular  milkers  ;  eight  were  "  strippers,"  or  cows  that 
were  nearly  dried  up,  and  the  rest  were  dry.  Only  the  regula- 
milkers  were  milked  that  evening. 

Evening  milking — "  milkers  /  "  milked  twice  a  day: 


Cow. 

Age. 

Time  since 
last  calf. 

Amount 
yielded. 

Test  by 
Lactometer. 

Temperature 
Fftbr. 

"Charley"  

12  years. 

3  weeks. 

3i  qts. 

105 

59° 

"Blue"  

7      kk 

2      " 

4      " 

104 

61° 

"Red  Heifer"  

5      " 

5      " 

2      " 

100 

61° 

"  GYPSV  " 

7      " 

4      " 

4      " 

102 

59£° 

Total. 

13*  qts. 

The  cow  Charley  was  stated  to  be  half  Ayrshire ;  all  the  others 
were  of  the  common  breed. 

That  evening,  after  all  had  retired,  Mr.  T.  C.  Doremus  and  his 
friend,  Mr.  Hoot,  arrived,  and  the  next  morning  (Dec.  24th)  the 
cows  were  milked  in  our  presence,  and  the  milk  tested  with  the 
lactometer,  both  by  the  above-named  gentlemen  and  by  ourselves 
The  results  were  as  follows : 


30 


Morning  milking — "  milkers  /  "   milked  twice  daily. 


Cow. 

Amount  'yielded. 

Lacl  ometer. 

Temperature  P. 

"Charley"      

6  qts 

108 

60° 

"Blue"  

6    " 

112 

60£° 

"Red  Heifer"  

4    " 

104 

60° 

"Gypsy"  

5    " 

107 

60° 

Total  

21  qts. 

"  Strippers  ;  "  milked  but  once  daily. 


Cow. 

Amount  yielded. 

Lactometer. 

Temperature. 

-fa  pint. 

104 

59° 

"Fanny" 

93 

59° 

'Mooly"     

1 

99 

00° 

'Ryder"      

3 

103 

60° 

'  Yellow  "  

3 

102 

60j° 

'Spot" 

1 

108 

60° 

4  Star  "  

H 

104 

594° 

'  Black  "   

U 

78 

60° 

Total  

12^  pints. 

With  the  exception  of  the  Black  cow,  all  of  the  strippers  were 
with  calf  and  were  expected  to  be  delivered  in  about  2  or  2-J 
months.  The  Black  cow  had  never  yielded  much  milk  since  her 
calf  was  taken  from  her,  and  was  to  be  fatted  and  killed  for  beef. 
Her  milk  looked  very  thin  and  watery,  and  was  full  of  stringy 
curds  which  clogged  the  strainer.  Indeed  the  product  from  all 
the  strippers  was  not  true  milk,  and  was  in  no  way  suitable  for 
domestic  use.  The  product  from  the  pregnant  cows  was  essen- 
tially colostrum. 

The  total  yield  of  the  four  regular  milkers  for  the  evening 
and  morning  together,  was  34r|  quarts,  an  average  of  8f  quarts 
per  day  from  each  cow,  which  is  considered  a  fair  average  yield 
for  the  winter  season. 


31 


The  total  yield  from  the  eight  strippers  was  12J  pints,  or  an 
average  of  1£  pints  per  day. 

The  food  of  the  cows,  so  far  as  we  saw,  was  oat-straw  only. 

Mr.  Mulford  stated  that  after  that  morning  he  should  not 
again  milk  the  strippers  Fanny,  Star,  Andrew,  Mooly,  Spot,  or 
Black,  until  af'er  calving. 

Samples  of  the  milk  from  Fanny,  Mooly,  and  the  Black  cow, 
all  whose  milk  stood  below  100  on  the  lactometer,  were  taken, 
and,  on  reaching  New  York,  they  were  submitted  to  examina- 
tion. The  results  were  as  follows: 


Examination  of  the  low  gravity  Milk  (?)  from  Strippers. 


Fanny. 

Mooly. 

Black  Cow. 

Reaction  

Strongly  alkaline. 

Strongly  alkaline. 

Strongly  alkaline. 

93° 

99° 

78° 

Specific  Gravity          .... 

1  02697 

1  02871 

1.02262 

Cream  (?)  

11  50  per  cent. 

No  distinct  layer 

10.50  per  cent. 

Water  

86.97        " 

86.66  percent. 

91.52        " 

Fat     . 

4  65        " 

3  45        " 

1  78        " 

Casein  and  Albumen.  .... 
Sugar  

5.14        " 
2.40        " 

7.58       " 
1.03        u 

4.39        u 
1.42        " 

Salts  

0.84        " 

1.28        " 

0.89        " 

Milk  from  Mooly  yielded  no  well-defined  layer  of  cream. 
Milk  (?)  from  the  Black  cow  yielded  10.5  per  cent,  by  volume  of 
scum — curdy  matter  mixed  with  fat  globules.  It  also  deposited 
a  sediment.  Respectfully  submitted, 

ELWYN  WALLER,  Ph.D. 
J.  T.  O'CONNOR,  M.D. 
NEW  YORK,  Jan.  12,  1877. 

NOTE. — The  sample  of  milk  (?)  from  the  "  Black  cow  "  on  the 
"  Mulford  Farm,"  produced  in  court  as  "  pure  milk,"  "  standing 
at  78°  on  the  lactometer,"  by  Mr.  T.  C.  Doreinus,  before  the 
visit  of  Doctors  Waller  and  O'Connor,  was  examined  by  Prof. 
Chandler  and  Dr.  O'Connor,  who  found  it  after  standing  a  week 
to  exhibit  a  strong  alkaline  reaction,  which  it  has  not  yet  lost 


32 


after  three  weeks'  standing  np  to  the  time  this  note  was  written, 
to  deposit  a  considerable  sediment,  and  to  possess  a  disagreeable 
taste.  Analysis  showed  it  to  contain 


.......   90.34 

Fat  .......................................     2.64 

Casein,       j 

Albumen,  >•  ........................    .....         Q  04 

Sugar,        ) 

Salts  ....................................     0.68 

100. 

The  microscope  showed  the  sediment  to  contain  pus  corpuscles. 
This  is  an  abnormal  fluid,  which  cannot  properly  be  called 
milk. 


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